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There are numerous consequences that can result from a California DUI arrest, but not all of them are mandatorily imposed upon each person that faces DUI criminal charges. In fact, the penalties suffered by defendants vary wildly, and those who are fully aware of the court process and have in-depth knowledge about CA DUI law have a dramatic advantage over those who do not.
One part of the DUI process that showcases this fact is the DMV hearing and whether or not a DUI suspect takes advantage of the hearing so that they can keep their driver’s license. Those facing charges for driving under the influence regularly make the mistake of believing that since their arresting officer confiscated their driver’s license during their arrest that they do not have an opportunity to reacquire it until they go to court and plead their case.
This is not true. A skilled DUI attorney can request a DUI DMV hearing at which time they may be able to convince the DMV representative that you should be allowed to keep your driver’s license. This process can be taken care of by defendants, but a skilled attorney will be able to use their in-depth knowledge of the process to help give their clients a better chance of success.
The DUI DMV Hearing
If you were arrested for driving while intoxicated in CA, your arresting officer most likely confiscated your driver’s license, issued you a temporary, and provided you with a slip (usually pink) that has information about your upcoming license suspension. The slip explains that you have 30 days to drive without any restriction, but then your license to drive will be suspended.
Despite the impression that the slip gives, defendants still have an opportunity to keep their license. By requesting a DUI DMV hearing through your local DMV driver’s safety office, you may be able to convince the hearing administrator that the arresting officers did something that they were not supposed to. If you are successful, the administrator can allow you to keep your driver’s license.
Tips To Do Well At Your Hearing
Since whether or not you will be legally allowed to drive following your DUI arrest largely depends upon your case facts and how you communicate them at your DMV hearing, it is very important to be prepared. Clients often ask me if they can do the DMV hearing over the phone. The answer is yes, but in my experience attending the hearing personally is more likely to obtain the desired results. Your legal counsel can also attend, which is beneficial for many reasons.
Defendants can succeed at the DUI hearing but still lose their driver’s license if they are convicted of a DUI in Court. The only way to avoid any DUI repercussions is to either win both at the DMV and Court (either a dismissal of the charges or a not guilty verdict with respect to VC 23152 (b)), or win at the DMV and have the DUI case reduced to something other than a DUI in Court. Contact our DUI attorneys at (888) 250-2865 to receive more information about the process.
Here are some ways that you can be prepared for your hearing and put yourself in a good position to keep your driver’s license.
- Attend Well-Dressed
- First impressions do matter. If you show up looking like a bum, you are not giving the impression that you are someone who is a contributing member of society. By taking a shower and dressing nicely, your hearing administrator will be more inclined to believe that you take this process seriously and respect the person that you are talking to.
- Show Up On Time
- I had a family member that used to tell me “When someone does not show up on time, they are telling me that I am not as important as other things that they have to do.” No one likes to wait around and DMV hearing administrators are busy people. If you show up late, you may be meeting with someone who doesn’t like you before you walk through the door.
- Be Prepared
- Too often, those who attend their hearing are not prepared. Whether or not you will keep your driver’s license after your DUI has a lot to do with your handling officer’s conduct and case facts. Make sure you document your entire experience and have it ready for your hearing.
Southern California DUI Defense
If you are facing charges for driving under the influence in Southern California, obtaining experienced legal counsel can provide you with a number of benefits. Call (844) 241-1221 to obtain a free case evaluation from one of our attorneys and find out how a skilled legal professional can help you.
Having assisted more than 5,000 DUI clients with a history of success, you can count on the Law Offices of Randy Collins to provide you with superior legal representation.
