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california dmv consequences for dui
san diego dmv drivers license implications for dui
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The California Department of Motor Vehicles recently released statistics stating that 34% of all suspended drivers' licenses resulting from San Diego DUI charges were reinstated by way of a DMV Hearing challenge. When the suspendees were represented by a qualified DUI attorney, reinstatement ratios for DUI in San Diego increased up to 70%.
DMV Drunk Driving Admin Per Se Hearing
When a drunk driving arrest is made in San Diego, typically a pink notice of suspension and a temporary driver's license ( DMV Form DS-367 ) are issued to the arrestee upon release from custody. Attending to the driver's license suspension for DUI is separate and in addition to addressing the san Diego courts regarding criminal drunk driving charges. Your chances of retaining your driving privileges are significantly higher if you are represented by a DUI attorney who is skilled in administering the San Diego DMV Hearing process and familiar with the varying tendencies of the DMV Officials presiding over your case. It is vital that you request a DMV Hearing within ten days of your arrest, or retain legal counsel to administer this contact for you.
Regardless of how these documents are worded, it is the DMV that bears the burden of proof that your driver's license suspension is justified. Unlike your hearings in the San Diego criminal justice courts, if you neglect to retain an attorney to defend your right to drive, you will not be assigned a Public Defender or advocate for the DMV Hearing, in which case, you would be unprotected and at the mercy of the San Diego DMV Officials whose intention it is to take punitive and regulatory action against you.
San Diego DMV Hearing Objectives
If a complete dismissal of your DUI case cannot be achieved, then our objective will be to greatly reduce the charges against you to contain the consequential damages of your drunk driving arrest. In some cases complicated by enhancements and previous DUI convictions, it may be that the best DMV resolution for your particular DUI charges are a limited driver's license and a shorter revocation. Loss of driving privileges is a serious implication that will affect every area of your life and obviously must be avoided at all costs.
San Diego DMV Hearing Request Benefits
A DMV Hearing request will effect an extension of the 30-day temporary driver's license that was issued to you at the time of your San Diego DUI arrest. The term for extended driving privileges can span up to several months until your case can be heard. If you have been arrested and charged with drunk driving, you have nothing to lose and everything to gain by exercising your right to the DMV Hearing, especially when you have a San Diego DUI Specialized attorney acting on your behalf.
San Diego DMV Hearing FAQ's
I am scheduled to appear in a San Diego court on the DUI charge.
Is this similar to a DMV hearing?
No. The San Diego DMV hearing for DUI is an administrative proceeding regarding the suspension or revocation of your driving privilege only. Why does the San Diego DMV offer the right to a hearing if I am already scheduled to appear in court for the DUI charge?
Both our State and Federal Constitutions provide that no person shall be deprived of property without due process of law. Due process of law entitles you to a notice of the action DMV intends to take against your driving privilege and an opportunity to be heard (hearing).
How is the DMV hearing different from the San Diego court trial for DUI?
The San Diego DMV hearing is an administrative proceeding regarding your driving privilege and the circumstances surrounding the arrest, not whether you are innocent or guilty of a criminal act.
Only the following issues will be discussed:
If you took a blood or breath or test:
Were you placed under lawful arrest?
Were you driving a motor vehicle when you had 0.08% or more by weight of alcohol in your blood?
If you refused or failed to complete a blood, breath test, or (if applicable) a urine test:
Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140, 23152, or, 23153?
Were you told that if you refused to submit to or failed to complete a test of your blood, breath, or (when applicable) urine, your driving privilege would be suspended for one year or revoked for two or three years?
Did you refuse to submit to or failed to complete a blood or breath test, or (if applicable) a urine test after being requested to do so by a peace officer?
Am I obligated to have a DMV hearing?
No. Your are not required to request a DMV hearing.
Does the DMV hearing substitute for the San Diego DUI court trial?
No. The DMV hearing and court trial are independent of each other. The DMV hearing deals with the circumstances surrounding a DUI arrest. The Court trial deals with whether you are innocent or guilty of a criminal act.
The suspension of my driving privilege was sustained following my DMV hearing, but I was found not guilty of the DUI charge in san Diego criminal court. Do I get my license back?
When a driver has been acquitted of DUI charges in court, a suspension or revocation will be reversed if it is determined by the San Diego DMV that the court decision does, in fact, equal an acquittal.
The suspension of my driving privilege was sustained following my DMV hearing, but the DUI charge was reduced in criminal court to reckless driving. Do I get my license back?
No. A reduction of a DUI charge to reckless driving in the San Diego criminal court is separated and/or independent from the administrative proceeding, and does not affect the driving privilege suspension.
The suspension of my driving privilege was sustained following my DMV hearing, but the DUI charges were dismissed in the criminal court or the San Diego District Attorney decided not to file a DUI charge against me. Do I get my license back?
Not necessarily. Current laws in San Diego may permit a driver a renewed right to a hearing within one year of the arrest date when a DUI charge is dismissed or not filed by the San Diego District Attorney due to lack of evidence, or filed, but later dismissed by the court because of insufficient evidence.
I was convicted in court of the DUI charge, but the judge said I could get a restricted license. How do I obtain this restriction?
If you have a non-commercial driver license and you show proof of enrollment in a DUI treatment program, file proof of financial responsibility and pay (on or after January 1, 2003) a $125 reissue fee after a mandatory 30-day suspension, you may request a restricted license to drive to and from the DUI treatment program and/or to, from, and during work. The reissue fee remains at $100 if you were under age 21 and were suspended under the Zero Tolerance Law pursuant to Vehicle Code §§23136, 13353.1, 13388, 13392.
How can I find a Driving Under the Influence (DUI) Program in San Diego as ordered by the court?
This link will take you to our San Diego DUI Program and School Directory of Service Providers.
What are the conditions for obtaining a Restricted Drivers License?
If you have a commercial driver license and you were not operating a commercial vehicle at the time of the offense and pay (on or after January 1, 2003) a $125 reissue fee after a mandatory 30-day suspension, you may request a restricted license to drive to, from, and during work. The reissue fee remains at $100 if you were under age 21 and were suspended under the Zero Tolerance Law pursuant to Vehicle Code §§23136, 13353.1, 13388, 13392.
Any driver with a second DUI offense within 7 years may submit proof of enrollment in a DUI treatment program, proof of financial responsibility and pay a $100.00 reissue fee one year after the effective date of the suspension to drive to and from an alcohol program and to, from, and during work.
Any driver with a third or subsequent DUI offense within 7 years is not entitled to apply for any type of restricted license.
I had a DMV hearing and the hearing officer set aside the suspension and let me keep my license. Does this have any effect on what happens to the DUI charge in San Diego criminal court?
No. The DMV hearing officer can only set aside the administrative action against your driving privilege. This decision is separate and/or independent from any criminal charge, sanction, penalty, or decision.
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Call us twenty four hours a day at (619) 237-0384 or eMail Cole directly now to discuss a legitimate and effective defense strategy for your driving under the influence case.
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