License Suspended? Call Our Los Angeles DUI Lawyer!
Helping You Preserve Your Driving Privileges
If you are caught driving while intoxicated, the DMV will try and suspend
your license. In past years, both the court and the DMV could have a license
suspended, however, now the DMV solely holds that right. This can be harsh
for people facing trial because the jury may not find the defendant guilty
but the DMV could still take away their driving privileges.
If a person is arrested for a DUI, they have 10 days to schedule a hearing
to contest their license suspension. This hearing will take place at a
DMV office, usually the nearest one to where the offense occurred. At
the meeting, the DMV officiator will cover the alcohol content, the results
of the chemical test, and may have a testimony from the arresting officer
or any witnesses.
It is interesting to note that the DMV hearing does not take place in a
court of law. This makes the representative for the DMV both judge and
prosecutor. This can hard for the defendant, as the same person who shows
evidence against them will also be the one to decide upon it. However,
a Los Angeles DUI attorney can come in and present a compelling case on
your behalf. The hearing is not a court of law, but rather an administrative
hearing, so the DMV official can only rely upon second hand evidence.
Preparing for a DMV Hearing
The experienced attorney at The Law Offices of Decio Rangel Jr. have handled
many of these cases and are not afraid to challenge the evidence presented
at these hearings.
Your hearing will most likely raise the issues of whether:
- You were illegally driving while intoxicated
- You had to be pulled over or were already stopped
- You were arrested by officers
- You had a blood alcohol level over the legal limit
All California drivers have consented to take a chemical test upon being
pulled over. If a driver refuses to take a chemical test, it will be assumed
that they are aware of the consequences for refusing—the automatic
suspension of their license. After the tests are given, the officer is
required to send a copy to the DMV. At this point the driver is subject
to consequences from both the court and DMV.
Facing suspension? Contact a Los Angeles DUI defense attorney to get help
challenging your license suspension.