DMV Hearings

DUI Attorney Los Angeles – DMV Hearings

California Department of Motor vehicles is responsible for issuing and suspending a driver’s license. Once someone is arrested for drunk driving, the officer who makes the arrest, fills out a form called DS367 to show that the vehicle stop was in fact legal and that there was probable cause to arrest the driver for driving under the influence and when his or her blood alcohol concentration was above California legal limit of -08 percent or higher or if the driver refused to submit to a chemical test at the time of his arrest

At the time of a DUI arrest and after booking, the driver’s license will be confiscated and he or she will be given a document entitled Notice of Suspension which is also a temporary driver’s license and valid for only 30 days. (Obviously, this is only true if you had a valid license to begin with).  It is important that you read this form thoroughly. This form advises you to contact the DMV and request an administrative per se hearing within 10 days of your arrest or your license could be suspended for 180 days or longer periods.

Since conducting a DMV hearing requires special knowledge of California DUI laws and how DMV hearings officers look at a DUI arrest, it is important that you allow a DUI lawyer in Los Angeles county handle your case. Your attorney will consider the evidence related to the following legal and factual issues to prepare for your DMV Hearings:

1. Driver’s license suspension or revocation for multiple drunk driving offenses.
2. California Driver’s license suspension for commercial drivers holding a class A or class B license and driving a commercial vehicle or their own private vehicle.
3. Chemical Test Refusal and its consequences on driver’s license suspension
4. Chemical testing including breath tests for DUI under California Code of Regulations, Title 17.
5. California Department of Motor Vehicle’s notice of stay on the suspension of driver’s license.
6. No driving defense to DUI charges and license suspension
7.  Illegal stop or arrest for DUI and prolonged detentions without probable cause and effect in challenging driver’s license suspension.
8. Challenging blood test or breath test results at a DMV hearing
9. Age 21 and older officer’s sworn statement or DS367 or DS 367M 2.
10. PAS or preliminary alcohol screening test
11. Field sobriety tests or FST’s and determination of objective symptoms of intoxication.
12. Breath test machine operator’s certification and operator qualifications.
13. LAPD or CHP determination of probable cause for DUI arrest.
14. Traffic accident report and SR-1 and how they are used in DMV hearings.

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