Understanding the California DMV Process After a DUI Arrest

When you arrested for driving under the influence (DUI) in San Diego or elsewhere in Southern California, you actually face two distinct DUI cases. Most people are aware that they will have to fight criminal charges in the California criminal courts, but fewer drivers understand they also must navigate their way through an administrative Department of Motor Vehicles (DMV) hearing process regarding their driving privileges. The DMV hearing regarding your driving privileges is independent of your criminal case, so you can have your driver's license suspended even if you ultimately prevail at trial in your criminal case.

While some people think they can handle a DMV hearing without legal representation, these administrative hearings are difficult to win. During a recent one year period, 186,961 people in California attempted to fight for their driver's license in DMV hearing after an arrest but only 16,860 individuals prevailed. In other words, the percentage of people who successfully challenge suspension or revocation of their driver's license at a DMV hearing is less than one in ten.

When a motorist is arrested for DUI, the police officer will confiscate his or her license and provide an Order of Suspension and Temporary License. This document will function as a temporary driver's license that permits an individual to continue driving for thirty days. IMPORTANT: The notice also advises you of your right to request a hearing to appeal your driver's license suspension or revocation, but the request must be submitted within ten days of your DUI arrest. If a timely request for a hearing to appeal your driver's license suspension or revocation is not filed, you will lose your right to challenge the driver's license suspension. This means that you will lose your driving privileges even if the DUI charge against you is dismissed in your criminal case. If you submit a timely appeal request, you will have the right to continue driving until after a decision has been made following the hearing.

DMV Appeal for Impaired Driving Ability or a BAC of .08 Percent or Higher

The DMV hearing will either address either: (1) whether you refused to submit to a chemical test of your blood alcohol concentration (BAC) level; or (2) whether you were driving with impaired mental or physical driving abilities or a BAC of .08 percent or higher. Because the DMV hearing deals solely with your driving privileges, the issues that will be considered are extremely narrow. If you submitted to a BAC test, the issues the administrative hearing officer will consider include:

• Whether the officer had reasonable cause to believe your driving ability was impaired by alcohol or drugs or your BAC level was over .08 percent?
• Did the officer have reasonable suspicion to even contact you?
• Did the officer have probable cause for your arrest?
• Was the BAC test accurate?
• Were proper procedures followed in administering the BAC test?

The DMV hearing officer will not consider the extent to which you need to drive, so it is advisable to be represented by an experienced San Diego DUI Defense Attorney. Note: A chemical test refusal case will involve the additional issues of whether you were advised of the consequences of a refusal; and whether you actually refused the chemical test.

Defense Strategies at DMV Hearings

While a DMV hearing is less formal than a criminal case, you will have the right to present witnesses, challenge evidence (e.g., chemical testing), subpoena and cross-examine witnesses, present evidence, and testify in your own defense. As an experienced San Diego DUI Criminal Defense Lawyer, Ashby Sorensen might utilize any of the following defenses to protect your driver's license:

• Establish the officer had insufficient basis to justify the stop
• Contend the officer did not have probable cause for the DUI arrest
• The BAC test result did not exceed .08 percent
• Prove you were not "driving"
• Non-compliance of DUI checkpoint with legal requirements
• Lack of or improper 15 minute observation period prior to breath test
• Inaccurate breath test (e.g. GERD, alcohol trapped in dental work, low-carb diet, etc.)
• No advisement regarding consequences of a refusal
• No refusal of chemical testing
• Serious flaws in officer's paperwork
• Improper handling, mixing, storing, or transportation of a blood specimen

These are just a few example of defenses that San Diego DUI Defense Attorney Ashby Sorensen might employ to protect your driving privileges. The Law Office of Ashby Sorensen is devoted exclusively to representing individuals charged with crimes, including drug and alcohol-related driving offenses. Call Ashby C. Sorensen today at (858) 999-6921 to schedule a free consultation.