Drivers who are arrested for a DUI in California often worry almost entirely about the pending criminal case. But there is another, more immediate administrative DMV hearing they need to know about. This hearing will determine the status of their driver’s license and other matters.
Understanding the purpose of this hearing, and how to request it, is important to protecting your rights and driving privileges. So is retaining a knowledgeable law firm to represent you. In Grass Valley, California, that firm is the Law Office of Jeffrey Kaloustian.
What is the DMV Hearing?
Formally known as the DMV Administrative Per Se (APS) hearing, this is an administrative proceeding that is separate from and independent of a driver’s DUI criminal case. The purpose will be to determine whether the driver’s license will be suspended, revoked, or restricted.
After a driver is arrested for DUI, they have 10 calendar days to request this hearing. If they fail to, the following will take place:
- The driver’s license will be automatically suspended
- The driver will forfeit the right to challenge the suspension
- Ignition interlock device (IID) requirements may be imposed
All of this can take place prior to the first court date. The DMV has this authority because its hearings are administrative rather than criminal. This means a lower burden of proof (less than beyond a reasonable doubt) applies, making it easier for you to lose your license.
What Happens at a DMV Hearing?
DMV hearings are fairly limited in nature, focused on some of the most basic facts surrounding the alleged DUI. DMV forms completed by the arresting officer, police reports and test results (e.g. breathalyzer or blood test) will be particularly relevant to the outcome of the hearing. The hearing officer will review this evidence to decide whether:
- The law enforcement officer had reasonable suspicion: Police in Grass Valley, California and elsewhere must have reasonable suspicion to stop a vehicle for traffic violations. This legal standard requires specific, observable facts to believe a person is engaged in criminal behavior.
- The arrest was lawful: Police need probable cause to arrest a person on DUI charges. Probable cause means that there is enough evidence to lead a reasonable person to believe that a crime has occurred. Without this, the arrest is not lawful.
- The driver had a BAC of 0.08% or higher: This is the basic legal threshold of driving under the influence in Grass Valley, California. BAC refers to blood alcohol concentration.
- The chemical test was properly administered: Usually, although not always, a chemical test means a breathalyzer test. Errors with the breathalyzer itself or problems with the way in which the test was given could undermine the state’s case against the driver.
How Can an Attorney Help With My DUI?
If you are arrested for a DUI in or near Grass Valley, California, it is imperative that you act quickly. Losing your license could cause you to lose your job and become a major – and expensive – inconvenience. When you hire us, we get to work by:
- Requesting the DMV APS hearing as quickly as possible to preserve your rights
- Appearing on your behalf at the hearing
- Reviewing police reports and other evidence related to the traffic stop
- Identifying flaws and weaknesses in the evidence against you
- Working to preserve your driving privileges and avoid IID requirements
Our DUI defense attorney can also help with your pending criminal case. Remember, the DMV hearing is independent of the criminal charges, so you will need to deal with the potential criminal penalties later.
Act Now to Protect Your Rights
Taking early action can allow you to successfully challenge the DMV’s evidence against you, help avoid more serious long-term consequences, and preserve your driving privileges. It starts with hiring a knowledgeable Grass Valley, California traffic lawyer.
Get in touch with the Law Office of Jeffrey Kaloustian. You can give us a call or complete our online contact form to begin working on your defense today.