Los Angeles DMV Hearing Attorneys
Helping You Preserve Your Driving Privileges
If you have been arrested for driving under the influence in California, the criminal court is not the only entity you will need to be concerned about – you must also deal with the Department of Motor Vehicles (DMV). Although the DMV works with the LA court system, it can act independently and suspend your driving privileges without any involvement from the court through an Admin Per Se (APS) suspension action. In this case, you should contact our Los Angeles DMV hearing attorneys at Vadgama Law. We appear at your hearing on your behalf and work to prevent the suspension of your license.
What is the Deadline for Filing Your Request for a Hearing with the DMV?
Once you are arrested for a DUI, the police will seize your license and replace it with a temporary one that is good for 30 days. You will only have 10 days from the date of your arrest to request a DMV hearing to contest the suspension of your driver’s license. A failure to request this hearing will result in the suspension of your driver’s license after the temporary license expires.
There are varying durations of license suspension depending on the specific circumstances of your case, including:
- 4-month suspension for BAC of .08% or more on a first offense
- 1-year suspension for BAC of .08% or higher on a second or third offense
- 1-year suspension for BAC of .01% or more for those under the age of 21
- 1-year suspension for refusing BAC testing
Understanding a DMV Hearing
Unlike the criminal court procedure, the DMV hearing is not meant to determine your innocence or guilt. Rather, the DMV hearing officer will evaluate the circumstances surrounding your DUI arrest to decide whether your license should be suspended or not. The results of a criminal court case have no bearing on the DMV hearing, even if your case was dismissed. Although you may avoid conviction, you could still face up to a 1-year license suspension from the DMV.
While the DMV hearing is distinct from the criminal process, many of the same defense tactics are used to defend a defendant’s cause. Our lawyers can raise several challenges in a DMV hearing, depending on the circumstances of your case. This might involve questioning probable cause for your stop, contesting the accuracy of blood and breath tests, or challenging whether the whether the police officer actually observed you driving.
What is a Restricted Driver’s License in California?
If you missed the deadline for requesting a hearing or you lost your hearing and your license was suspended, you may be able to get a restricted license. A restricted license allows those with suspended licenses to drive to and from work or school, attend DUI classes, or travel to receive necessary medical care. Those who refused breath or alcohol testing will not be eligible for a restricted license.
Do I Qualify for a Restricted License?
Before applying for a restricted license, you must meet certain conditions, including:
- Your 30-day temporary license has expired
- You must be enrolled in DUI classes or programs imposed by the court
- You must obtain an SR-22 proof of financial responsibility from your auto insurer
- You must wait 90 days after a second offense DUI
Talk to Our Los Angeles DMV Hearing Lawyers
At Vadgama Law, we have a proven track record of helping people protect their driver’s licenses. Our decades of combined legal experience provide us with the necessary skills and knowledge to successfully handle your DMV hearing.
Is your license in danger of suspension because of DUI? Call
(562) 414-6688 now for
reliable legal counsel.
First Offense DUI Case Dismissed