Any driver convicted of a DUI in California must attend DUI school within three weeks of sentencing. You must have a court order or notice of suspension from DMV to enroll in a DUI program. An experienced DUI Attorney from DUI hotline can advise you on the basics of fulfilling DUI school requirements. Drivers may qualify for a restricted license while attending a DUI class. Contact your DUI attorney for more information on the advantages of a successfully completed DUI class.
You must request a DMV hearing within 10 days of you arrest or you will automatically have your license suspended by the DMV after you 30 day temporary license expires.
At DMV hearings we are fighting to keep the DMV from suspending your right to drive in California. We are highly experienced in DMV hearings and can win your DMV hearing to save your license.
In most cases, our clients will not be needed at DMV hearings. We win these hearings through technical legal argument.
We, in essence, fight to keep documentation out of the hearings. If we are successful in these arguments we tend to win the hearing. If we win the DMV hearing than your license will not be suspended after the hearing.
If we lose the DMV hearing your license will be temporarily suspended. In many cases, however, we can shorten drivers license suspensions and to get you a restricted license, allowing you to drive for work so you can get on with your life.
In rare cases, we will ask our clients to testify in order to win the DMV hearing. In these cases you should not be concerned. You will have an experienced attorney explaining the process to you and fighting for you when you testify at the DMV hearing.
FOUR REASONS YOU WANT A DUI SPECIALIST TO REPRESENT YOU
- In every case the DUI Attorney/ Specialist will assess the effect of the DUI on you, your family, your job and your future.
- In every case all aspects of the case from 24 hours before the stop through the present will be explored by the DUI specialist.
- In every case your complete criminal history will be explored in order to assess the best and worst sentencing options. Continue reading
Do You Want A Lawyer Who Specifically Focuses on Second DUI and Multiple DUI Offenses?
When arrested for a second DUI, you will need an aggressive and experienced 2nd DUI Attorney or second DUI Lawyer to help keep you working, driving, and out of jail. Know that a 2nd DUI, 3rd DUI, or 4th DUI – Felony arrest is a very, very serious offense and depending on the circumstances of your arrest as well as the jurisdiction where you were arrested, you may be facing 48 hours and up to multiple years jail and/or prison time. With the right second DUI attorney, you can stay out of jail and keep your license even while facing your 2nd DUI.
While your first DUI arrest may have been embarrassing, your 2nd DUI arrest will be a life altering event. Depending on the jurisdiction where you were arrested, a second DUI can have all or some of the following DUI consequences:
- 1-2 Years Driver License Suspension
- 96 Hours up to 1 year jail.
- Court Fines in Excess of $2,500.00 +
- 18 Month Alcohol School
- In Patient/Out-Patient Rehab
- MADD Victim Impact Panel
- Morgue Program
- Community Service
- 3-5 years Probation, Formal or Informal
Your DMV Hearing is the Most Important Tool To Fight Your 2nd DUI
For most 2nd DUI cases, your DMV hearing is the most important tool to help fight your Second DUI. The DMV hearing is administrative proceeding where your DUI Attorney can subpoena records, such as: the calibration and maintenance records of the breath test device you used, the patrol video and/or audio recording of your arrest, 911 and/or dispatch tapes, and even the arresting officer and/or witnesses.
Prior to the DMV hearing, all the evidence will be reviewed in order to ascertain any legal defenses available that may result in avoiding a 2nd DUI conviction.
How is the DMV hearing different from the court trial for DUI?
The DMV hearing is an administrative proceeding regarding your driving privilege and the circumstances surrounding the arrest, not whether you are innocent or guilty of a criminal act. Only the following issues will be discussed:
If you took a blood or breath or (if applicable) a urine test:
- Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140 , 23152 , or 23153 ?
- Were you placed under lawful arrest?
- Were you driving a motor vehicle when you had 0.08% or more by weight of alcohol in your blood?
If you refused or failed to complete a blood, breath test, or (if applicable) a urine test:
- Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140 , 23152 , or, 23153 ?
- Were you placed under lawful arrest?
- Were you told that if you refused to submit to or failed to complete a test of your blood, breath, or (when applicable) urine, your driving privilege would be suspended for one year or revoked for two or three years?
- Did you refuse to submit to or failed to complete a blood or breath test, or (if applicable) a urine test after being requested to do so by a peace officer?