Every week, hundreds of people are arrested on suspicion of DUI. These people probably know the serious consequences they face — possible jail time, fines and driver’s license suspension. However, many do not know that a DUI arrest triggers two separate cases. One of these involves the criminal DUI element, and the other involves the possible driver’s license suspension. If you are arrested for DUI, you need to know what happens next.
Your Attorney Can Demand a DMV Hearing
After you have been arrested for DUI, you need to speak to an attorney right away. Your DUI attorney can demand a DMV hearing in California before the DMV can suspend your driver’s license. Your defense attorney has 10 days from the date of your arrest to request a hearing with the DMV. Some people think that you have a choice between having a DMV hearing and having a court hearing for DUI. In fact, you have both. Your attorney must request a DMV hearing within 10 days of your arrest or your California driving privileges will be suspended by the DMV.
What Happens at a DMV Hearing in California?
At a DMV hearing, your DUI defense attorney will be able to challenge the suspension of your driver’s license. In order to suspend your driving privileges, the DMV has what is called the “burden” at the hearing. They burden of proof falls on the DMV, meaning they must prove that there is valid reason to suspend or revoke your driver’s license. A DMV hearing officer will attempt to enter the sworn statement of the arresting officer and other evidentiary documents into the record at the DMV hearing.
A fundamental step by a DMV defense attorney is to attempt to prevent the driver’s license suspension by making formal legal objections to these documents from being admitted into evidence at the hearing. Many of these documents may be deemed to be legally inadmissible at your hearing if proper objections are raised. Having a lawyer at your side fighting to try to save your driving privilege is a very wise investment.
Call the DMV Attorneys at Wallin & Klarich
If you or a loved one is being charged with a DUI, you need to act right away. You need an attorney who knows the law and who will fight to protect your freedom. At Wallin & Klarich, our skilled DUI attorneys have been successfully defending our clients facing DUI charges for over 30 years. We have the experience and knowledge necessary to help you get the best possible outcome in your case. We’ve helped thousands of clients in their time of legal need, and we can help you now.
With offices located in Orange County, Los Angeles, San Diego, Sherman Oaks, West Covina, Torrance, San Bernardino, Riverside, Ventura and Victorville, our skilled DUI defense attorneys are available to represent you no matter where you work or live.
Call our offices today at (888) 280-6839 for a free phone consultation. We will get through this together.