California DMV Hearings
In California, when you are arrested for a DUI, the DMV will suspend your license, unless you act. From the date of your arrest, you have 10 to contact the DMV and request a hearing to fight to keep your license from being suspended.
You are entitled to a California Department of Motor Vehicles (DMV) hearing, which is an administrative hearing and separate from the criminal proceeding. The DMV hearing is an administrative per se or APS hearing. This is your opportunity to contest the automatic suspension of your driver license. The Fresno DUI lawyers at Wapner Jones, PC. can represent you at this hearing.
California DMV APS Hearing
After you are arrested for a DUI, the police will confiscate your California driver's license. The officer will then hand you a pink piece of paper that will act as your temporary driver's license for the next 30 days. After 30 days, your license will be suspended and you will not be able to drive. You only have 10 days from the date of your arrest to contact the DMV and request a hearing to try and keep your license from being suspended.
A Fresno DUI lawyer can contact the DMV on your behalf, speak directly with the right people to make sure you get your APS hearing. If you do not request the DMV hearing within 10 days, you will not have a chance to challenge the DMV suspension, even if you have a viable defense.
After your APS hearing is scheduled, the proceeding will take place before a DMV hearing officer at a Department of Motor Vehicles regional office. If you have a Fresno DUI attorney, they will be able to handle the DMV hearing on your behalf.
During your DMV hearing, the hearing officer will decide your case based on three issues:
- Who was driving the vehicle?
- Was the driver lawfully stopped and arrested?
- Was the driver's blood alcohol content 0.08 percent or greater at that time?
What Happens After the DMV Hearing?
After the hearing, the DMV officer will make a decision. If the hearing is decided in your favor, your suspension will be set aside, and you will be able to drive. If the hearing is decided against you, your license will be suspended for four months (for a first DUI offense). The suspension can be converted to a restricted license to allow you to drive to and from work or DUI school, after thirty days. However, if you refused to submit to a chemical test, then your license will be suspended for a full year (for a first DUI offense), without the chance for a restricted license.
The DMV hearing is a complex and specific process, unlike the criminal court proceedings. For this reason it is important to hire a Fresno DUI specialist who has experience handling all aspects of a DUI case, including the administrative hearings. At Wapner Jones, PC., not only will we handle your criminal case, but we will act immediately to contact the DMV, schedule your hearing, and take all steps necessary to make sure your case is defended from day one all the way through.
Contact Fresno DUI attorneys
After a DUI arrest, you do not have to plead guilty. You have rights and you have options. Talk to Wapner Jones, PC today to discuss your case. Schedule an initial consultation to understand how we can help defend your rights.
We can be reached at (559) 257-4707.