Your driving privilege is going to be under fire if you get arrested for driving under the influence (DUI). If the case ends out of your favor, then you could be faced with the consequences of a lengthy driver’s license suspension. What can you do right now to help save your license? Although it might not sound very fun, one of your best options could be to request a DMV hearing, which must be done within 10 days of your DUI arrest, so act fast.
How a DMV Hearing Can Save Your License
During a hearing with the California Department of Motor Vehicles (DMV), you can challenge – and potentially halt – the suspension of your driver’s license. Based on the DMV’s own statistics, about one in three people can who request a DMV hearing are able to keep their driver’s licenses because of it. Additionally, what happens during the DMV hearing might be usable evidence to defend yourself during any future criminal court proceedings.
At the hearing, a Driver Safety Officer (DSO) will try to prove that you did drive while drunk and, therefore, your license should be suspended or revoked. You and your attorney will have the opportunity to challenge the DSO. If you can shut down their argument and make it impossible for them to establish that you were drunk driving with a “preponderance of evidence,” then the overseeing administrator might decide to not suspend your license.
To challenge the DSO, you might want to ask the following questions:
- Did the officer ever establish a probable cause to justify pulling you over?
- Did the officer conduct any reliable field sobriety tests to justify your arrest?
- Did the officer follow all Title 17 regulations?
- Was your blood alcohol concentration (BAC) level even near the legal limit of 0.08?
- Were you given the option to refuse that blood, breath, or urine test?
- Were the BAC results cross-checked by a forensic alcohol expert for accuracy?
Oftentimes, incorrect procedures followed by the arresting officer and the police station staff act as the groundwork for defeating the arguments of the DSO during a DMV hearing. The slightest misstep on their part could prove to be what saves your license from a suspension that could last anywhere between 4 months and 3 years.
Back Your Argument with Professional Counsel
It’s important to realize that you can and should go into a DMV hearing with the counsel and representation of a professional DUI attorney. In Los Angeles, people trust Stephen G. Rodriguez & Partners for criminal defense strategies that work. We can help you challenge the arguments of the DSO, present counterevidence, and fight for your license to be protected from an unjustified suspension after you were accused of drunk driving. We are also here to help you obtain a provisional California driver’s license while you await trial.
For a free case evaluation or more information about how we can help you at a DMV hearing and during your DUI trial, call our Los Angeles DUI lawyers at (213) 481-6811 now.