DMV Administrative Hearings
Professional Guidance from Our Santa Rosa DUI Lawyer
If you are arrested for
driving under the influence (DUI) in California, the Department of Motor Vehicles (DMV) is permitted to
suspend your driving privileges automatically, regardless of the evidence
against you in your criminal case. The only way to defend yourself from
this suspension is to request a DMV administrative hearing within
10 days of your arrest, which is when you should be notified of the pending
automatic suspension. For the legal assistance and trustworthy counsel you need to successfully
keep your license,
contact our Santa Rosa DUI defense attorney from the Law Offices of Evan E. Zelig,
The DMV Hearing Process in Sonoma County
An administrative DMV hearing is not a criminal trial by any means but
it is somewhat similar. You are permitted to retain the services of a
defense attorney who can speak on your behalf during the hearing. Your
goal will be to persuade the overseeing members of the department that
the automatic suspension of your license would be unjust and cause you
undue hardship. In this effort, preparation is critical.
The DMV’s administrative hearing will include:
Information: At the beginning of the hearing, you will be told by the DMV faculty why
your license will be suspended. This is your DUI attorney’s first
opportunity to react to what the opposition may use as an argument against you.
Challenge: You have the right to use trial-like measures to challenge the evidence
and defend yourself and your driving privileges. You can bring forth your
own evidence and witnesses, cross-examine those who give testimonies against
you, and even testify for yourself, if it seems advisable. If you have
secured the services of a DUI lawyer, you will find this process much,
much easier, as you can simply rely on a legal professional to act on
your behalf, rather than trying to learn the procedures yourself in only 10 days.
Decision and appeals: If all has gone in your favor and you have had a successful defense, the
DMV may lessen the severity or duration of your license’s suspension.
Ideally, the action will be rescinded altogether. If no change is made
to your advantage, you can appeal the decision to a higher court for review.
Reminder: Winning a DMV administrative hearing after being arrested for a DUI is
not the same as winning your criminal case. You will still need to protect
yourself from a DUI conviction and penalties through a criminal court
case. Talk to your attorney and see if they can also help you with
criminal defense cases.
Call 707.418.5352 for Total Defense
Our Santa Rosa DUI lawyer is well-versed in all matters related to criminal
defense cases, meaning we can provide you the services you require for
both your DMV administrative hearing and your DUI criminal case. Do not
lose any more time shopping around for attorneys who may or may not be
confident in their abilities and choose to work with our team instead.
Led by a professional who has been listed in
Super Lawyers® Rising Stars℠ (2015), we have the knowledge and know-how required to protect your rights
and freedom of mobility.
Free consultations are available for you to start your defense without worrying about costs.