Being convicted of a DUI in San Diego can be extremely costly, and not only financially. Having your driver’s license suspended can significantly affect your daily routine. It can prevent you from driving to work, running errands, or picking up family members. This can be especially devastating for those who rely heavily on their vehicles for transportation needs.
If you’ve been arrested for a DUI in San Diego, CA, it’s important to speak with a criminal defense lawyer right away so they can help you retain your driver’s license. Contact Blair Defense Criminal Lawyers at (619) 357-4977 to schedule a free consultation with an experienced San Diego DMV hearing lawyer.
How Blair Defense Criminal Lawyers Can Help With Your DMV Hearing After a DUI Arrest in San Diego, CA
We understand how difficult a DUI arrest in San Diego can be. Not only are you facing potential jail time and significant fines, but you’re facing a driver’s license suspension.
Here’s how our San Diego DUI attorneys can help if you’ve been arrested for driving under the influence:
- We will investigate your criminal case by listening to your side of events, reviewing evidence, speaking with witnesses, looking for video footage, and developing an effective legal defense.
- We will help you with your DMV administrative hearing to help you keep your license.
- We will look into police conduct and determine if they had probable cause to arrest you for DUI. If they didn’t, we will ensure you don’t lose your license.
- If you lose your license for a period of time, we’ll help you obtain restricted driving privileges so that you can still drive at times during your suspension.
If you’ve been charged with a DUI in San Diego, California, let us help you. Contact Blair Defense Criminal Lawyers to schedule a free case evaluation with a San Diego DMV hearing attorney.
Overview of DMV Hearings After DUI Arrests in California
Driving under the influence in California can come with two separate proceedings. The first is handled through the criminal court system, and the second is resolved through the Department of Motor Vehicles (DMV).
If you’re facing DUI charges, it’s important to understand both proceedings and the potential penalties.
If you are arrested for impaired driving in San Diego, you will face criminal charges that could result in fines, jail time, completion of an approved DUI school program, and probation. The exact consequences depend on several factors, including your blood alcohol content (BAC), prior DUI convictions, and other potential aggravating or mitigating factors.
DMV License Suspension Hearing
In addition to the criminal process, you will also be subject to a DMV hearing. A DMV license suspension hearing is an opportunity for you to contest the automatic suspension that may have been imposed on your driver’s license following a DUI arrest.
The DMV Hearing Process in California
When arrested for driving under the influence in California, drivers must surrender their licenses. They receive a temporary license that will expire after 30 days.
They will then receive a Notice of Suspension that informs them of their right to request a DMV hearing to prevent the suspension of their license. If no DMV hearing is requested within ten days, the license will automatically be suspended at the end of 30 days.
Hearings are conducted via phone or in person and are recorded by Driver Safety Hearing Officers from the DMV. During these hearings, people can review and challenge evidence presented as well as present their own evidence.
The purpose of these hearings is to determine if there is sufficient cause for your driver’s license suspension or revocation.
At the conclusion of the hearing – which is essentially a mini-trial – the hearing officer will make a decision based on all available information regarding whether they should uphold (sustain), modify, or rescind (set aside) the suspension.
Understanding Your Rights During a California DMV Hearing
If you are facing a California DMV hearing, it is essential to understand your rights.
Right To Be Represented By an Attorney
The DMV hearing process can be complex and intimidating. Fortunately, you have the right to be represented by an attorney who will advocate for you. Many people try to handle this hearing on their own, but that isn’t advisable.
Right To Review Evidence
During a DMV hearing, you also have the right to review any evidence presented against you and to cross-examine witnesses.
Right To Present Witnesses & Testify On Your Own Behalf
You also have the right to call and present witnesses on your own behalf and testify if you wish. This allows you to introduce relevant evidence or testimony and refute any inaccurate information provided against you.
What Potential Defenses Are Available After a DUI Arrest in San Diego, California?
You should understand what defenses are available to you in order to fight the suspension and protect your driving privileges. The following are some of the most common defenses:
You Weren’t Driving
One defense is that you were not actually driving when you were arrested. This means that even if your BAC was over 0.08%, you may still be able to keep your license. The law typically requires physical control of a vehicle while under the influence before suspending someone’s license.
No Probable Cause or Other Violations of Your Constitutional Rights
Another defense available is that there was no probable cause for an officer to detain or arrest you for DUI. The arrest must be lawful in order for your license to be suspended.
Other Possible Defenses
Other defenses may be available, depending on the facts of your arrest and other factors. For example, the chemical test results may have been unreliable, or there may have been a problem with the chain of custody.
A San Diego criminal defense lawyer will be your best tool for evaluating your options.
Schedule a Free Case Evaluation With Our San Diego DMV Hearing Attorneys
Have you been arrested for driving under the influence in San Diego, CA and need assistance with your criminal charge or the DMV hearing? Seek legal advice from an experienced San Diego DUI lawyer. Contact Blair Defense Criminal Lawyers to schedule a free consultation.