So you got stopped for a DUI... what now?
The first thing you should do is contact an attorney who is dedicated to defending DUI clients.
You have only ten days from the day of your arrest to contact DMV and request a hearing. If you contact me within the 10 day period, I will send a hearing request to the DMV on your behalf at no cost to you!
If you don't request a hearing, your license will be suspended or revoked automatically.
Don't be fooled...the DMV often makes it difficult for people to request a hearing. Don't let them tell you that you don't need a hearing or that you can't save your license. I have had people call me after the 10 days and tell me that's what DMV said, so they didn't bother to request a hearing.
I have won at the DMV on BACs as high .31! While this does not guarantee or promise any particular outcome in your individual case, it goes to show that you can't know if you have a winnable case unless you talk with an attorney first!
Your ability to drive is important, so that you can get to and from work, drive the kids to school, even attend to basic needs such as grocery shopping.
The DUI laws in California are harsh! A 1st offense can result in a 30 hard suspension, meaning you can't drive at all for 30 days. After that, your license can be restricted to, from and for the purposes of employment and to/from a DUI school.
A 2nd offense can result in loss of your license for ONE YEAR, with another year of restricted driving privilege!
For a 3rd offense, your license can be REVOKED for 3 years!
Don't let the DMV win by default. Challenge the evidence against you.
There are three basic issues at a DMV Administrative Per Se hearing:
1) Did the officer have reasonable suspicion to believe that you were operating a motor vehicle with in violation Vehicle Code Section 23152;
2) Were you lawfully arrested: and,
3) Did you drive a motor vehicle with a BAC of .08 or higher?
Your attorney MUST know how to attack the DMV's case against you. Whereas in a court of law, there is a prosecutor who introduces the evidence against you, a judge who makes legal rulings and a jury (usually) that makes findings of fact (ie, guilt or innocence), at the DMV hearing, the same person does all three things!
Yes, it seems fundamentally unfair! The same person who introduces the evidence against you also makes rulings on that evidence AND makes the ultimate findings of fact that determine whether you keep your license or not.
Plus, the evidence against usually consists only of documents (ie, the police report). The DMV doesn't even need live testimony from the officer to suspend or revoke your license!
This means your attorney MUST know how to defend against a system designed to work against you.
The good news is that you can challenge the evidence and potentially win at the DMV. Defenses include:
1) Did the officer have sufficient probable cause to stop and arrest you;
2) Was a chemical test obtained within 3 hours of driving;
3) Can the DMV produce sufficient evidence to establish the fact of driving;
4) Is the chemical test reliable;
5) Does the chemical test show that the BAC at the time of driving was .08 or higher;
These and other defenses are available to help you win at the DMV.
Don't go in alone! The DMV process is designed to be confusing and difficult. Contact the Law Offices of William B. Menn so that you can speak with Mr. Menn and find out how to best defend your case!
For more helpful information please see FAQ section of this website.
