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, P.C. today.
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 Ideally, the action will be rescinded altogether.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.