California law states that a request for your DMV hearing must be made within 10 days of your arrest, or your driver’s license will be suspended/revoked. Call us now, we can help.
Because the DMV is their own independent administrative body separate from the courts, the DMV has the ability to legally suspend and revoke your driver’s license. The courts have no jurisdiction to tell the DMV what to do regarding your drivers license. At DUI Defense Group, we deal with DMV every single day, so our primary objective is to keep your license and your driving privliges.
If a chemical test (blood, breath, or urine) was taken, the issues are:
- Did the officer have reasonable cause to believe that the accused was driving a motor vehicle in violation of the drunk driving laws (Vehicle Code sections 23152 or 23153)?
- Was the accused lawfully arrested?
- Was the accused driving a motor vehicle when he or she had .08 percent or more, by weight, of alcohol in his blood?
If a chemical test was not taken (a refusal), the issues are:
- Did the officer have reasonable cause to believe that the accused was driving a motor vehicle in violation of the drunk driving laws (Vehicle Code sections 23152 or 23153)?
- Was the accused lawfully arrested?
- Was the accused told that their driving privilege would be suspended for one year, or revoked for two or three years, if they refused to submit to, or failed to complete, a chemical test?
- Did the accused refuse to submit to, or fail to complete, a chemical test after being requested to do so by a peace officer?
Your attorney’s experience with DUI, negotiation & litigation abilities, and THE DMV will DIRECTLY affect the outcome of your case.
Call us now so that we can discuss the facts of your case to establish your defenses early. Time is not on your side, but we are.