If you or someone you care about has recently been arrested and charged with driving under the influence (DUI) it is crucial that you understand the legal process ahead. Most importantly, it is important to understand that DUI cases will involve two separate proceedings: (1) criminal court cases and (2) DMV administrative hearings. These proceedings are conducted independently from one another.
If you wish to defend your driver's license against penalties such as suspensions or revocations, then you must request an administrative hearing with the DMV within 10 days of your arrest. If you do not request a hearing, or if you do not request a hearing within 10 days, you may face automatic license suspensions. As driver's license penalties and restrictions are often among the most difficult and costly consequences of a DUI, defending your driving privileges and stating your side of the story during an administrative hearing is essential to your future well-being.
DMV hearings will focus solely on whether or not you violated California's Vehicle Code, not whether you are guilty of a criminal offense. During the DMV hearing, the following may be addressed:
- Whether or not you submitted to a chemical test
- Whether or not you refused or failed a chemical test
- The arresting protocol of officers, including probable cause
- Your blood alcohol content (BAC) level
At Lessem, Newstat & Tooson, LLP, our Los Angeles DUI lawyers provide comprehensive representation throughout all stages of the DUI process, including both criminal proceedings and DMV administrative hearings. We know that our clients often depend on their ability to drive, and we work aggressively to help them protect their driving privileges. As time is of the essence, we encourage local residents facing DUI allegations to reach out to our legal team as soon as possible after an arrest.
To learn more about the charges and penalties you face and how we can be of assistance during the DMV administrative hearing, call (800) 462-7160 for a free consultation.