Why You Need a Lawyer for DMV Hearings and DUIs in California
Getting arrested for a DUI in California doesn’t just mean facing criminal charges—it also triggers an administrative process with the Department of Motor Vehicles (DMV). This is known as an Admin Per Se hearing, and it determines whether your driver’s license will be suspended. Understanding the importance of DMV hearings and DUIs is crucial, and having an experienced DUI lawyer represent you can make all the difference.
What Is a DMV Admin Per Se Hearing?
When you are arrested for a DUI, the arresting officer will confiscate your driver’s license and issue you a temporary one, valid for only 30 days. You then have only 10 days to request a DMV hearing to challenge the suspension of your license. If you fail to do so, your suspension will go into effect automatically.
DMV hearings and DUIs are separate from your criminal case. The DMV focuses solely on whether your license should be suspended based on the evidence, including:
- Whether the officer had reasonable cause to stop you
- Whether you were lawfully arrested
- Whether you had a blood alcohol concentration (BAC) of 0.08% or higher (or 0.01% for drivers under 21)
Because the burden of proof is lower in DMV hearings than in court, successfully defending yourself without legal expertise is challenging.
Why You Need an Attorney for DMV Hearings and DUIs
Many people assume DMV hearings are straightforward and don’t require legal representation. However, a skilled DUI lawyer can greatly improve your chances of keeping your license. Here’s why hiring a lawyer is essential:
1. Building a Strong Defense
An experienced DUI attorney will analyze all aspects of your case, including:
- Challenging the legality of the traffic stop
- Questioning the accuracy of breath and blood tests
- Identifying procedural errors in the arrest process
2. Cross-Examining Witnesses
At DMV hearings, your attorney can cross-examine the arresting officer and any other witnesses, exposing inconsistencies or errors that could work in your favor.
3. Protecting Your Driving Privileges
Losing your license can have a major impact on your daily life, from commuting to work to fulfilling personal responsibilities. A DUI lawyer may be able to negotiate alternatives, such as a restricted license that allows you to drive to work or school.
4. Strengthening Your Criminal DUI Case
DMV hearings and DUIs go hand in hand. What happens at the DMV hearing can provide valuable insights for your criminal defense case. If your lawyer successfully challenges evidence at the DMV hearing, it may weaken the prosecution’s case in court.
Don’t Face a DMV Hearing Alone – Contact a DUI Attorney Today
If you’ve been arrested for a DUI in California, don’t underestimate the importance of your DMV hearing. The stakes are high, and having an experienced DUI lawyer on your side can make all the difference. At Virtuoso Criminal and DUI Lawyers, we have successfully defended countless clients in DMV hearings and DUIs, helping them protect their driving privileges and build a strong defense for their cases.
Act fast—your time to request a DMV hearing is limited! Call us today at 833-666-5245 or visit our DUI defense page to schedule a consultation.