DMV SUSPENSIONS:

FIRST OFFENDERS: The DMV has already started the process to suspend your driver license.  The officer probably took your license, and gave you a pink temporary license.  Read it! It tells you that you have 10 days to set up a hearing, or you can’t have one.  (NOTE: the 10 days begins on the date you were arrested and INCLUDES weekends).  If you set up a hearing and lose, the result is the same as if you did not have one at all.  So why not have a hearing and try to avoid the suspension by the DMV?  Once we set the hearing date, the suspension is on hold.  Even if we lose the hearing, we can tell you how to change the suspension to a restriction that allows you to drive for work.

2nd DUI or MULTIPLE OFFENDERS: You have the right to a DMV hearing to save your license, just like first offenders.  If you lose, you face a longer suspension.  You could be facing anywhere from a 90 day suspension to 4 years revocation, depending on how many priors you have.  However, that should not deter you from fighting the DMV to preserve your license. If we beat the DMV, your driving privilege is preserved until the outcome of your pending court case. The outcome of your court case will then ultimately determine the length of the suspension.

BEATING THE DMV:

The DMV hearing is a technical process.  It is like a mini-trial.  There are rules of evidence and procedure that apply.  While it’s true that not every hearing is winnable, you may be able to win and never know if you don’t hire an attorney.  For example:

      The DMV needs a chemical test to prove your BAC was .08% or more.  If the Crime Lab took more than 6 days to prepare a report after testing the blood, the report is probably not admissible.

   If the Crime Lab employee that tested the blood and prepared the report was an unsupervised trainee, the report is inadmissible.

     The arrest reports (which are crucial) often contain inconsistencies such as the time of the arrest and the time of the field sobriety tests being identical.  These reports have to be trustworthy or they are not admissible.

THE COURT IMPACT ON YOUR LICENSE:

Usually, the court does not change the DMV suspension period.  However, even if you win the DMV hearing, the DMV will go through with a suspension if you are convicted in court.  So, they have two chances to suspend your license.  That’s twice the reason to have a good DUI attorney on your side.  Even if we can’t avoid DMV action completely, in a first offense we can help you get your license back on a restricted basis to drive for work.