Once you are arrested for “DUI” in California, you face not only a criminal proceeding, but also an administrative proceeding with DMV, known as “admin per se hearings.” AT the time of your arrest, you will be given a pink “Notice of Suspension” which will give you a temporary license for 30 days and provides you with information about the DMV hearing.
It is very important to know that you only have 10 days from the date of your arrest to ask the DMV for a hearing. If you do not request and ignore this deadline, you lose your right to challenge their decision to suspend your license.
WHAT IS “DMV HEARING?”
Once you are arrested, you are provided with the information regarding how you can request for a hearing with the DMV (Driver Safety Administrative Per Se Hearing). This request must be within 10 days from the date of your arrest, or your license will be suspended.
If you immediately apply for an IID (ignition interlock device) restricted license and have the device which is a breathalyzer that will be placed in your car and will prevent the car from starting if alcohol is detected, you will be able to continue to drive without limitation. Generally, for the first DUI, you need the IID for 4 months.
The hearing is an administrative hearing and generally is held at a DMV office. In some cases, you may conduct the hearing telephonically. In this hearing the Hearing Officer, will decide to suspend your license for some period of time or set aside and allow your privilege to drive continue.
You have a right to be represented by an attorney, review evidence, subpoena witnesses, cross examine witnesses and testify on your own case. Generally, in your DMV hearing, there are several issues that will be considered:
A. If the arresting officer had probable cause to believe that you were driving under the influence of drugs or alcohol.
B. If the officer had lawful cause to arrest you.
C. If you were driving with “BAC (Blood alcohol concentration”” of 0.08% or higher.
D. If you refused the administration of a chemical breath or blood test. [in this case, the issue would be if the officer informed you of the consequences of refusal, and still you refused.]
However, in the Criminal portion of your case, you may be charged with:
1. Driving under the influence [ CA. Vehicle Code Section 23152 a – it is unlawful for a person who is under the influence of any alcohol beverage to drive a vehicle.]
2. Driving with a BAC of 0.08% [ CA. Vehicle Code Section 23152 b- It is unlawful for a person who has 0.08% or more, by weight, of alcohol in his or her blood to drive a vehicle]
However, in the Criminal portion of your case, you may be charged with:
1. Driving under the influence [ CA. Vehicle Code Section 23152 a – it is unlawful for a person who is under the influence of any alcohol beverage to drive a vehicle.]
2. Driving with a BAC of 0.08% [ CA. Vehicle Code Section 23152 b- It is unlawful for a person who has 0.08% or more, by weight, of alcohol in his or her blood to drive a vehicle]
For a free consultation to discuss your case with an immigration/ criminal defense attorney, call us today at (714) 619-9303 or contact us at Law Office of Sholeh Iravantchi, Esq.
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