The Department of Motor Vehicle (DMV) acts completely independent of the Court. The DMV can suspend your privilege to drive even if no criminal charges are brought. The DMV has completely different procedures and burdens of proof. Dealing with the DMV is a separate issue that requires a knowledgeable DMV hearing lawyer.
Fight for Your Privilege to Drive
When the officer makes a DUI arrest, they take your actual license and give you a pink form called a DMV Suspension Advisement. You only have 10 days to request a hearing or your license will automatically be suspended. This 10 day period is hard and fast so you must act right away. If you request a hearing within 10 days, the automatic suspension will be delayed until the hearing and the decision.
If a DMV hearing is requested, you are entitled to an administrative hearing before a hearing officer. You have the right to be present, testify and in some instances cross examine the arresting police officer. If there is an adverse finding, you can appeal, first to the DMV and later to the Superior Court through a “Writ of Mandamus.”
Call (916) 932-7150 to Schedule a Free Consultation
At The Chastaine Law Office, we help clients who have been arrested for drinking and driving, regardless of whether they are dealing with the criminal case or the DMV hearing. By handling all aspects of the case from beginning to end, we are able to help our clients work toward the best possible outcome. If you would like to learn more about how we can put out 30+ years of experience in criminal defense to work for you, do not hesitate to call today!
The Chastaine Law Office can help you through ALL aspects of dealing with a DUI arrest. Request a free consultation and a free copy of our book “How to Survive a DUI: What You NEED to Know”.