The California Department of Motor Vehicles has the right to suspend your driving privileges based solely off of an arrest for suspicion of driving under the influence. You have a right to a hearing on the automatic suspension of your driver’s license. You must request this hearing, known as an Administrative Per Se Hearing, within 10 calendar days of your arrest. Failure to contact the DMV within ten days will result in the automatic suspension of your license. Once the 10 days has passed it is very difficult to obtain a hearing.
While separate from the criminal court case, a DMV hearing can be vital to the success of your case. Foremost, if you win the DMV hearing the suspension against your driving privileges will be set aside. While you may still face a license suspension based on a conviction for a DUI in the criminal court case, you may not have to serve any time of no driving.
Second, in many cases the police report is made available prior to the first criminal court appearance. This gives your attorney an advantage. You can subpoena evidence, cross-examine the officer and build a case prior to stepping foot in court.
Finally, the APS hearing is done under penalty of perjury and is recorded. Any witnesses that testify, including the arresting officer, can be held to their testimony at a later proceeding. The testimony at the APS hearing can be used to impeach a witness in the criminal court case if the testimony changes.
The APS hearing provides a great advantage in most cases. A skilled DUI lawyer Orange County will know how to handle the DMV proceedings in your case. Call our offices today to speak with a knowledgeable DMV defense attorney.