In California you
are prosecuted twice for Driving Under the Influence ("DUI" or "DWI"): once
by the court and once by the Department of Motor Vehicles ("DMV"). The court
will seek a conviction; the DMV will try to take your license-even if your license
was issued by a state other than California. You must therefore mount your defense on two fronts.
To preserve your license YOU MUST REQUEST
A HEARING WITH THE DMV WITHIN 10 DAYS FROM THE DATE OF YOUR ARREST. If
you fail to make the request your license will be suspended from 4 months to
3 years, depending on your circumstances.
At the DMV hearing, called an Administrative
Per Se hearing, or "APS" hearing, the DMV must prove three things: (1) That
the officer had reasonable cause to believe that you were driving under the
influence; (2) that you were lawfully arrested; and (3) that your blood alcohol
content was 0.08% or more (0.01% if you are under 21) at the time of driving.
APS hearings often involve highly technical issues, but can be won even if your
blood alcohol level exceeded the legal limit.
In addition to fighting the DMV, you must also
fight your DUI case in court. A DUI conviction can result in a fine, a DUI
offender's program, a license suspension, and possible jail time. In addition,
a DUI conviction will result in increased automobile insurance premiums. It
is therefore critical that your case be handled by an attorney who will aggressively
examine all possible defenses available to you.
For more information about setting your APS Hearing and about defending your
DUI case, please contact
me.
This web site is designed for general information
only. The information presented at this site should not be construed to be formal
legal advice nor the formation of a lawyer/client relationship.
