In the state of California, driving under the influence (DUI) and driving while intoxicated (DWI) accusations kick off a criminal court procedure as well as a parallel administrative per se (APS) hearing process through the Department of Motor Vehicles (DMV). A hearing before the APS follows a different set of rules and regulations than those of a court of criminal law.
You have only ten days from the date of your arrest until your license will be suspended if you do not request a hearing with the DMV. We take care of everything for you so that your rights can be preserved and we can keep your license. Our objective is to accomplish everything in our power to ensure the very best conclusion.
1) We request an APS hearing within ten days to stop our suspension –
The DMV allows only 10 days to request an APS hearing to contest a license suspension. They enforce the deadline stringently.
If we do not request a hearing in time, your license will be suspended automatically 30 days after your arrest.
2) The APS officer at the DMV looks at three questions –
- Were you (the vehicle’s driver) involved?
- Did the arresting officer have probable cause to believe you were driving while intoxicated of narcotics or alcohol?
- Your BAC was above the legal limit, right? (0.08 percent, 0.04 percent, or 0.1 percent, based on the driver).
Since laboratories can take weeks to disclose testing results, your exact alcohol level concentration might not be known at the moment of your hearing. Even though you weren’t driving under the influence, the cops usually have reasonable grounds for believing you were.
3) Our DMV APS hearing officer or attorney will protect your license –
Typically, only a California DUI law expert knows how to give the best responses to the DMV official. It can be challenging to respond to the queries in the optimal manner for your case. Our specialists have managed thousands of DMV trials and are adept at maximizing your benefit from the process. Our objective is to protect your license and strengthen your defense.
4) You should hire a DUI lawyer before your DMV hearing –
Your chances of winning are better if we start your defense as soon as possible. The DMV hearing is an important step that can be used as a mini-trial to help us get ready for the criminal court process, if it happens. At the hearing for APS:
- Before the APS hearing, we can ask for important proof, like the accurate BAC results from lab tests.
- We know the laws about DUI arrests and are good at showing that an officer’s arrest did or did not follow all California laws.
- California has a defense lawyer for people who can’t afford a lawyer. You can’t have a county public defender represent you at an APS hearing, and you can’t use the benefits they give you. We can do it.
5) The APS proceedings can provide important evidence for your DUI defense –
Your DWI lawyer might summon the officer for APS hearing to show arresting errors. Your attorney can subpoena the breathalyzer’s calibration and maintenance logs and investigate its faults. This evidence can be utilized in court or to deal with the District Attorney to reduce or drop your charges.