At the law firm of Sean F. Leslie, our experienced criminal defense and San Diego DUI lawyers often successfully handle DMV administrative hearings based upon a DUI arrest. In addition to court penalties associated with a DUI conviction, the DMV will enforce its hard hand to suspend or revoke your driving privilege based upon a DUI arrest if you had a BAC .08 or above at the time of driving.
If the arresting officer confiscated your drivers' license and handed you a pink 30 day temporary license (Notice of DMV Administrative Action), then the DMV will be taking action against your driving privilege. You MUST call the DMV within 10 days of your arrest to schedule a hearing or your drivers' license will be suspended or revoked without a Due Process hearing.
My law firm will call the DMV to schedule a hearing for you if you contact us within 10 days of your arrest!
The legal issues at a DMV Administrative Per Se hearing are whether the arresting officer had reasonable cause to believe you were driving in violation of VC 23152; whether you were lawfully arrested; and whether you were in fact driving with a blood alcohol concentration level of .08 or more. In addition to these three main issues, many sub and associated issues exist. Unfortunately, how much you need your license to drive for school, work, child care or medical appointments is not a proper issue for an Admin Per Se hearing.
The DMV through the hearing officer has the burden of proof to prove the three issues noted above by the preponderance of the evidence. A more likely than not standard! In contrast to the District Attorneys burden of proof beyond a reasonable doubt in the criminal case.
At the hearing, the licensee is entitled to have a lawyer present who can contest and object to the DMV evidence (Exhibits) and cross examine any witnesses that testify on behalf of the department (police officer). The license may testify on their behalf and present witnesses and or other competent evidence (declarations) at the hearing. The DMV hearing officer usually notifies the licensee and lawyer within 15 days of the hearing of their findings.
The Notice of Findings will either sustain the Administrative Per Se suspension or will Set Aside the suspension and reinstate the licensee's driving privilege. If the ruling is against the licensee then he or she can appeal the finding within the DMV or file a Petition of Writ of Mandamus to the Superior Court. The cost to appeal within the DMV is $120 and to file a Writ with the Superior Court has a filing fee of $356. This fee does not include attorney fees.
The DMV driving privilege suspension penalties are standard depending on whether you are over 21 years of age, whether how many prior Admin Per Se actions you have had in the last 10 years, and whether you took a chemical test or refused:
|Under 21 BAC .01||First offense||1 year suspension|
|21 or over BAC .08||First offense||4 month suspension|
|21 or over BAC .08||Second offense||1 year suspension|
|21 or over Refusal||First offense||1 year suspension|
|21 or over Refusal||Second offense||2 year suspension|
A third time offense for any of the above will result in a lengthy revocation of your driving privilege.
Likewise, do not drive if your driving privilege has been suspended due to an alcohol related DMV action or DUI conviction. If you do drive, then be extremely careful and obey all traffic laws! Driving on a suspended license (Vehicle Code sections 14601.1 et seq.) crimes are misdemeanor charges and have draconian penalties attached to them as well-mandatory jail time, 30 day vehicle impoundment, ignition interlock device placed in car, 2 points on driving record and a substantial fine!Contact My Law Firm to Speak with a San Diego DUI Attorney Not a Paralegal or Case Manager
For a free consultation with an experienced and effective San Diego DUI lawyer, please contact my firm via email or telephone call. My firm has offices in both Carlsbad and San Diego, but we handle DUI cases in all courts in San Diego County-San Diego, Vista, El Cajon & Chula Vista.