ORANGE COUNTY DMV HEARING LAWYER
DUI defendants must fight for their freedom in two legal proceedings following an arrest: the criminal case in court and the Department of Motor Vehicles (DMV) administrative case with the DMV’s Driver Safety Office.
The outcome of the criminal case will determine if the defendant is guilty and if so, the penalties he or she will face for their actions.
On the other hand, the sole purpose of the DMV hearing is to determine if the defendant’s driving privileges should be suspended.
The DMV hearing may not seem as serious as a criminal case, but DUI defendants should not take it lightly. If you have been arrested for DUI, contact The Law Offices of Todd Landgren at once. Our DUI attorneys will fight tirelessly to reach a favorable outcome in both legal proceedings.
A DMV Hearing Lawyer Fights For Your License
When you are charged with DUI in this state, you face two separate and distinct obstacles to retaining your driver’s license; an “Administrative Per Se” (APS) action by the DMV and a criminal prosecution by the court.
After a DUI arrest in this state, the DMV proceeds independently to suspend your license if you fail to contact the local DMV office – within ten days of the arrest – to contest that action. We handle this on behalf of our clients.
A DMV driver’s license suspension is an administrative action taken against your driving privilege only. A license suspension imposed by the DMV under APS is independent of any criminal penalty imposed by a court for a DUI conviction.
What Happens At A DMV Hearing?
DMV hearings are far more informal than criminal court cases. There is no judge or jury in a DMV hearing, but rather a DMV hearing officer who will preside over the case and decide your fate. The burden of proof is also much lower in a DMV hearing than it is in a criminal case, which means it easier for the DMV to take your license than it is for the court to convict you of a crime.
You will have a chance to present evidence during the hearing. You will also have an opportunity to challenge the evidence used against you, such as the results of chemical tests or field sobriety tests. Many DUI defendants also call witnesses to testify and testify on their own behalf during a DUI hearing.
The DMV hearing officer will listen closely to the evidence as it is presented and then decide whether or not the driver refused a lawful request to submit to chemical testing or drove with a BAC over the applicable limit.
How Does The DMV Suspend Your License After A DUI Arrest?
The DMV independently determines if you violated California’s “per se” DUI law, which reads: “It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.”
If the DMV determines that your BAC (blood alcohol content) level was at or above 0.08 percent while you were driving, your license will be suspended by the DMV for four or more months.
What If You Refuse To Take A Chemical DUI Test?
If you refuse to take a chemical DUI test (a breath, blood, or urine test) after you are lawfully ordered to do so, your driver’s license may be suspended for one or more years.
If you are arrested, but your BAC level measured below the applicable limit, and you complied with the testing as required, the DMV will not administratively suspend your license.
What About Drivers Under 21 Years Old?
This state enforces a zero-tolerance policy for alcohol consumption by anyone under the age of 21.
Any driver under age 21 who takes a preliminary alcohol screening (PAS) test or any other chemical DUI test and measures a 0.01 percent or higher BAC level will have his or her driver’s license suspended for one or more years.
Without regard to your age, if you are charged with DUI, a skilled DUI lawyer at The Law Offices of Todd Landgren can request a DMV license suspension hearing on your behalf and represent you before the DMV.
With only ten calendar days to act, you must contact a DUI attorney immediately after a DUI arrest – by calling The Law Offices of Todd Landgren at 949-752-1122.
What Are “Negligent Operator” Points?
Negligent operator points or NOTS “violation” points are assigned for particular violations to help the DMV determine if a driver is a “negligent operator.” The DMV may suspend a driver’s license when that driver has accumulated:
- four or more points in a twelve-month period
- six or more points in a twenty-four-month period
- eight or more points in a thirty-six-month period
Typically, a conviction for DUI in California adds two negligent operator points to your record.
When Is A Physical And Mental Evaluation Of A Driver Required?
California authorizes the DMV to refuse to issue or renew a driver’s license to any driver who cannot safely operate a motor vehicle for reasons related to a physical or mental condition, including alcohol dependency or abuse.
The law also permits the DMV to administer certain tests upon the renewal of a license.
However, a driver has the right to request a hearing within ten days of being notified that his or her license is being suspended based upon a mental or physical disability or condition.
The qualified DMV hearing attorneys at The Law Offices of Todd Landgren can help you avoid suspension and/or regain your driving privileges.
What About Commercial Drivers?
In California, drivers of commercial vehicles are held to a higher standard of accountability than other drivers.
For example, the “legal limit” is lower, 0.04 percent, for those driving commercial vehicles; compared against 0.08 percent for non-commercial vehicles.
For those holding a commercial driver’s license, DMV will attempt to disqualify you from obtaining a commercial license for one or more years, even if you are only suspected of driving a non-commercial vehicle in violation of the 0.08% limit. A second offense can result in the loss of your commercial driver’s license – for life.
How Can A DUI Attorney Help?
The DUI attorneys at The Law Offices of Todd Landgren have represented literally thousands of commercial and non-commercial drivers accused of DUI at DMV hearings in southern California.
Our law office has been fighting for the rights of the accused for over four decades, and we are ready to fight for justice on your behalf.
If you face a DUI charge, contact us online or call The Law Offices of Todd Landgren immediately at 949-752-1122. We will protect your rights, represent you before the DMV, and defend you aggressively against the criminal DUI charge.
I had a felony DUI with GBI enhancement...I am a vet and thought my life was over. He took over from the beginning and told me what I had to do in order to become a better man and prove to the courts I wasn't a bad person. I was set to do 2-3 years in state prison and got.