Long Beach DMV Hearing Attorney
DMV Hearings vs. DUI Court Proceedings
A DMV hearing is an administrative hearing which is held regarding the suspension or revocation of a person's driving privileges. This is entirely separate from the DUI court process, and the two have no effect upon one another. The
Long Beach criminal defense attorneys at Gold & Witham understand the importance of a DMV hearing and thus provide aggressive representation at this hearing, as well as during the
DUI criminal court process. A DMV hearing is held to determine whether a driver's license should be suspended or revoked. During this hearing, the only points that will be addressed in determining license reinstatement, suspension or revocation are the following (when the driver submitted to a
breathalyzer test or blood test):
- Was the driver lawfully arrested?
- Did the officer have reason to believe the driver was under the influence of alcohol or drugs?
- Was the driver's blood alcohol concentration .08% or above when he or she was driving?
You only have ten days to request a hearing!
When a person has been arrested for driving under the influence, the arresting officer will take away his or her driver's license. The driver will receive a slip of paper which will act as a 30-day temporary license. At this time, the driver has only 10 days from the date of his or her arrest to schedule a hearing with the DMV. A criminal attorney can represent the driver at his or her DMV hearing, which is held at the regional Drivers Safety Office of the California Department of Motor Vehicles (DMV).
DMV hearings are also referred to as administrative per se hearings, or APS hearings, and are presided over by a DMV employee who acts as a Hearing Officer. When we at Gold & Witham handle a DUI case, we take the time and prepare for a DMV hearing as we would a criminal trial. We recognize that the DMV hearing has its own rules and procedure that must be followed, as well as certain information and evidence that will be applicable in helping a client keep his or her driver's license.