Northern California DMV Hearing Lawyer
We can fight to preserve your license!
If you are arrested for DUI, you may face license suspension. While this
is a penalty for the crime, it is not issued by the criminal courts. Instead,
the license suspension is issued by the Department of Motor Vehicles (DMV).
You will have to attend a hearing with the DMV concerning your license
suspension that is separate from your criminal case hearing.
Regardless of what happens in your criminal trial, the DMV will probably
attempt to suspend your license for 4 months when your 30-day temporary
license expires. Normally, we can help clients obtain a restricted non-commercial
license so they can commute to work. If you had a commercial driver's
license, chances are that you will lose your driving privileges for your
commercial vehicle for one year.
DMV License Suspension Time Limits
Convicted of DUI: 6 Month License Suspension
Blood Alcohol Test Refusal: 10 Month License Suspension
DUI with Injury: 1 Year License Suspension
About DMV Administrative Hearings
At your DMV hearing, the panel will not discuss whether you are innocent
or guilty of your crime. Your guilt or innocence will be determined at
your criminal trial, which will take place in a state courthouse. The
DMV trial will probably take place at your local DMV. It is highly recommended
that you bring an attorney along.
At your DMV hearing, the panel will investigate and address the following:
Did you take a blood, breath, or urine test? If you did, the test and result will be investigated. The DMV wants to
learn if the officer who conducted this test had the right to do so and
whether or not you were operating a vehicle at the time that the test
Did you refuse to take a blood, breath, or urine test? If you did, your refusal will probably result in automatic license revocation.
Strict laws govern blood and breath test refusals. People who refuse a
test when the police officer has reasonable suspicion that the driver
was intoxicated will probably have their licenses suspended.
The 10-Day Rule
During your arrest, a police officer is supposed to take your license and
hand you a temporary license while your case is sorted out. This license
gives you full driving privileges but it will expire 30 days after it
is given to you. The very first thing you need to have your attorney help
you do is contact the DMV and schedule a hearing.
You must schedule your hearing
within 10 days of receiving your temporary license. We may be able to help extend your
30-day license longer than the initial temporary time limit in order to
help you get from place to place in the appropriate amount of time.
How Our Criminal Defense Lawyer Can Help Protect You
All DMV license suspensions can be challenged. An experienced attorney
from our firm can attend your DMV hearing and argue on your behalf. We
may be able to prove that you don't deserve to lose your license or
may be able to go back to the DMV after your criminal case is dismissed
and request that they reinstate your license.
on't hesitate to call Ronald Dinan & Associates today if you want