If you have been arrested for a DUI/DWI, California law requires you must request a DMV hearing within 10 days of the arrest. Failure to do so will result in an automatic suspension of your license 30 days after your arrest.
As I have informed you, a DUI/DWI has a criminal and a civil charge against you. The DMV proceeding is the civil proceeding and is separate and apart from the criminal courtroom proceeding.
The DMV is required to suspend or revoke the driving privilege of any person arrested for driving under the influence of alcohol or a combination of alcohol and drugs (DUI), who:
- takes a chemical (blood or breath) test which shows a Blood Alcohol Concentration (BAC) level of 0.08% or more, or
- refuses to take or fails to complete a chemical (blood or breath)* to determine his/ her BAC level
DMV hearings are administrative per se (APS) hearings and are much more informal. The hearing will be held by a Driver Safety Office (DSO) Hearing Officer–an employee of the Department of Motor Vehicles. Unlike a criminal case that requires proof beyond a reasonable doubt, the standard of proof in DMV hearings is a “preponderance” of the evidence.
Due to the legal and technical requirements of DMV hearings, the chances of a non-lawyer winning are very low, if at all. This is clearly exemplified by the forms given to you after you have been arrested. The forms can be very confusing. In fact, the forms do not clearly state that you must request a hearing within 10 days of your arrest.
The DMV does not care about your needs, or whether you need your license to go to work in order to provide for yourself and/or your family. That is why you need an attorney to represent you.
Call Sonia at Notojail.com today.
Also see our page on Traffic Tickets