Ventura DMV Hearing Attorney
DMV Hearing Process
When charged with DUI in the state of California, the police officer that conducts the arrest has the right to take away your driver's license and issue a temporary license. The only way to avoid license suspension under these conditions is by scheduling a DMV hearing within 10 days of the arrest. If you fail to do so, you can face the possibility an automatic license suspension.
Any driver that successfully schedules a hearing within this timeframe will not have his or her license suspended until the DMV hearing has taken place and an outcome has been reached. Once you request a DMV hearing, an appointed DMV administrator will review your case.
If the evidence presented to the DMV does not indicate that you were driving under the influence and / or had a blood alcohol content of .08% or more, you may be eligible to have your driving privileges reinstated. This does not signify that you will not still be charged with DUI.
DMV hearings are conducted separately from criminal proceedings. This means that the DMV hearing will only concern whether you violated a section of the Vehicle Code and if you will face license suspension as a result - while the criminal case concerns your guilt and criminal punishment.
Defense at the DMV Hearing
A DUI attorney in Ventura at our firm can accompany you to the DMV hearing. At this time, our efforts will be geared toward proving that your driver's license should not be suspended. Arguments that can be used in your defense at this time include:
- The law enforcement officer did not have reasonable cause to believe you were driving under the influence
- You arrest was made unlawfully
- Your BAC level was not above the legal limit
At Lessem, Newstat & Tooson, LLP, our DUI attorneys can assist you with scheduling a DMV hearing and provide knowledgeable and dedicated representation to fight a driver's license suspension. With over 50 years of combined experience, we're prepared to handle the full range of DUI cases.