After a DUI arrest, you only have 10 days to stop the DMV from taking away your license.
DUI and DWI charges in California start a criminal court process and an administrative per se (APS) review process at the California Department of Motor Vehicles (DMV). The steps and method of an APS hearing are different from those of the criminal court.
- We want a meeting with the APS within 10 days to stop the suspension. – The DMV gives you only 10 days to ask for an APS hearing to fight the suspension of your license. They stick to the schedule very strictly. If we don’t ask for a hearing in time, your license will be automatically taken away 30 days after you are arrested.
- The APS officer at the DMV usually pays attention to three questions:
- Were you driving the car that got into the accident?
- Did the cop have a legal reason to pull you over and a good reason to suspect you were driving while high on drugs or alcohol?
- Did you have a BAC that was too high? (.08 percent,.04 percent, or.01 percent, based on the driver).
Since labs can take weeks to get test results back, your alcohol level might not be known at the meeting. The cops usually have good reasons to think you were driving drunk, even if you weren’t.
- You should hire a DUI lawyer before your DMV meeting – Your chances of winning are better if we start your defense immediately. The DMV meeting is an important step that can be used as a mini-trial to help us get ready for the criminal court process if it happens. At the hearing for APS:
- Before the APS hearing, we can ask for important proof, like the precise BAC lab test findings.
- We know the laws about DUI arrests and are good at showing that an officer’s arrest did or did not follow all California laws.
- California has a public defense for people who can’t afford a lawyer. You can’t have a county public defender represent you at an APS hearing, and you can’t use the perks they give you. We can do it.
- You will be represented by a DMV APS lawyer who will fight to keep your license -Usually, only someone who knows a lot about California’s DUI rules knows how to answer the DMV office in the best way. It can be hard to figure out the best way to respond to the questions for your case. Our experts have been through thousands of DMV meetings and know how to use the procedure to your benefit. We aim to help you keep your license and strengthen your case.
- The APS hearing can provide important proof for your DUI defense – Your DWI lawyer can call the arresting officer to testify at the APS meeting. This could show that mistakes were made in how you were detained. Your lawyer can also ask for the breathalyzer’s calibration and servicing logs and look into the device’s past problems. You can later use this proof in court or in talks with the District Attorney to get your allegations lessened or dropped.
Since so many bad things can happen if you lose a DUI case, you need the best DUI lawyer. Our experienced California DUI Lawyers at Southern California Employment Law Group PC know how to take advantage of every chance to get the best possible result for your case. Start by calling us at (424) 688-1057.