If you have been arrested in Los Angeles for driving under the influence of alcohol, you will face a license suspension by the Department of Motor Vehicles (DMV). Following the arrest, the officer responsible for making the arrest will send notice to the DMV for an automatic suspension or revocation of your driver’s license within the next 30 days. But it is possible for the driver to delay or even dismiss a license suspension by requesting a DMV hearing.
All California drivers have the right to a DMV hearing. But such a request must be made within 10 days of the arrest. Drivers who choose to fight the automatic suspension should know that they will still be required to appear in court in connection with the DUI charges. The DMV hearing is a separate proceeding. The point of a DUI court case is to determine whether or not the driver was guilty of driving under the influence; however, a DMV hearing involves the driving privileges of the person facing a license suspension. During the hearing, a skilled DUI attorney will examine the results of the DUI test, the accuracy of the California breath test, whether the arresting officer had reasonable cause, and the circumstances of the arrest.
If mistakes are made or if there is reasonable doubt as to whether or not the driver was wrongfully arrested, the automatic license suspension may be dismissed. Additionally, the outcome of the DMV hearing may have a direct effect on the DUI court case. This is why it is important to have a skilled DUI attorney to represent you throughout the hearing and court proceedings.
If you have been arrested on suspicion of drunk driving, the experienced California DMV license suspension attorneys at Sitkoff & Hanrahan can help. Call our offices at 866-430-8383 right away to better understand your legal rights and options.