Many folks arrested for driving under the influence (DUI) in California do not realize that there are two separate cases.  The two cases will go on simultaneously.  One is a civil administrative hearing through the Department of Motor Vehicles (DMV).  The other is criminal and through the courts.  The Administrative Per Se Hearing or Admin Per Se Hearing or APS Hearing for short is a hearing where the DMV will decide to suspend or not suspend your license as a result of an administrative hearing.

II. DMV Hearing Request

The DMV WILL suspend your driver’s license from four months to four years depending on many factors UNLESS you take immediate action.

III. Contact DMV

The Temporary License that you got at the time of your release from jail in place of your Real Driver's License has a HIDDEN TIME BOMB. You MUST CONTACT THE DMV WITHIN 10 DAYS OF YOUR ARREST AND REQUEST A HEARING TO CONTEST THE SUSPENSION OF YOUR DRIVER'S LICENSE. If you make a timely request, the suspension of your license will be stayed until the final determination of your case by the DMV. Failure to request a hearing within TEN days will result in an automatic suspension of your driver’s license. You also have the RIGHT TO APPEAL a decision against you to a REAL JUDGE.

If you hire an attorney, do so prior to contacting DMV. Your attorney will be able to push your hearing date back, to ensure that you are prepared for your DMV case. Furthermore, your attorney will need to coordinate your hearing date with your defense in Court. If you are approaching the 10 day limit, call the DMV immediately to request an in-person hearing and advise them that your attorney will be contacting them to set up a date. Request a stay and take note of the person you speak with. You must request a hearing through a Driver Safety Office; do not call a DMV Field Office. With experts in Local DMV hearing procedures and familiarity with the local Hearing Officers you can absolutely better your chances of winning the hearing!

IV. DMV HEARINGS CAN BE WON

Many people think that if their blood or breath test was 0.08% or more they will automatically loose their license. THIS IS NOT TRUE. There are many technical/scientific defenses including the failure to strictly comply with the California Code of Regulations, which can and do result in suspensions being set aside. Knowing which hearing officer to challenge, which experts utilize, the type of hearing to be conducted, and the familiarity with the current procedures, ALL increase your chances of winning the hearing.  Our familiarity with these issues and facts and our expertise in DMV regulations have resulted in very high success rate before the Department of Motor Vehicles.

Even if you win the hearing, your license still may be suspended if you plead guilty to a DUI.  That is why it is imperative that you retain a lawyer that is skilled before the DMV and in court.  In Southern California, you will not find a more skilled group of lawyers than the Law Offices of Jason Trumpler, P.C.