DMV Administrative Hearing

Ten Days to request DMV Administrative Hearing

You have only 10-days from the date of your DUI arrest to request a California DMV administrative hearing. If you fail to act in this 10-day window you waive your right to a hearing: Driving Privilege Gone!

If you procrastinate, do nothing, or miss this window, your drivers license will be automatically suspended by the DMV.

Temporary Drivers License Issued at DUI Arrest

Many people are confused by the pink-colored temporary drivers license you receive at the time of their DUI arrest. The law enforcement officer (LEO) will confiscate your driver’s license and issue a 30-day temporary driving permit that is pink in color. This pink-colored temporary license DOES allow you to drive for 30-days, but should you fail to request a DMV hearing you can no longer drive following 30 days. Most adults will experience a dramatic change in lifestyle should they loose their ability to drive in a society and culture where it is nearly impossible to function in without a car.

The DMV Hearing is Part I of a 2-Part Process

dmv-administrative-hearing Every DUI arrest results in 2 cases which you need to address: (1) a DMV case, and (2) a CRIMINAL case. It is important to remember that your DMV hearing is totally different that your criminal trial. The DMV hearing only has jurisdiction over the defendant’s driving privileges, whereas the criminal trial determines if the driver is innocent or guilty of committing the criminal act of DUI or DWI.

The outcome of the DMV administrative hearing has no effect or influence on the outcome of the criminal trial. A driver found innocent at the hearing can still be found guilty in of a crime in court. Being arrested for DUI will have a dramatic impact on your life for many months to come. Getting the professional help from a DUI lawyer will go a long way to reducing the stress you are facing and make certain that you obtain the best possible results from this unfortunate predicament.

The DMV Hearing Opportunity

Image of DMV Building The DMV hearing provides you (the driver) and your attorney with an opportunity to fight for your driving privileges by presenting your facts and witnesses, while challenging law enforcement evidence and testimony. The DMV hearing following a DUI arrest is known as an “administrative per se” hearing, or APS. These hearings are held at the DMV offices nearest to where the DUI arrest occurred.

Unlike court trials, which often involve live witness testimony, the DMV hearing will focus on the police report and the written chemical test reports. Fortunately, this is an opportunity for drivers represented by an attorney a better than average chance to save your driving privilege.

A DUI Attorney Is more Successful at DMV Hearings

The “states’ evidence” is in report form, the evidence introduced at a DMV hearing is usually considered “hearsay,” that is, statements made by people who are not present at the hearing. Fortunately, the DMV cannot suspend your license on the basis of “hearsay” evidence alone. This is called the “hearsay rule,” which makes this kind of evidence inadmissible at trial. While this is the DMV and not a court of law, your attorney can still challenge the evidence based on the hearsay rule. Moreover, your attorney can also subpoena or request the presence of a witness, such as the arresting officer, to appear at the hearing and testify. Sometimes the officer cannot make the hearing giving you another chance to derail this process. If the officer does appear, your attorney can challenge many aspects of the arrest or paint you in the best possible light so as to keep stop the DMV from suspending your license.

Don’t Panic! Your Attorney Can Show Up in Your Place…

Attorney Lewis Khashan can show up on your behalf… If you have an attorney to represent you, you are generally not required to attend the DMV hearing as your attorney is allowed to act on your behalf. This removes much of the stress and anxiety that you are obviously facing and you will not have to sacrifice a day’s work.

The Clock is Ticking! ~ Contact a Los Angeles DUI Attorney Today

If you have been arrested and charged with a DUI in Los Angeles or Los Angeles County, it is important to schedule a hearing with the DMV. People often make the mistake of attempting to defend themselves at their DMV hearing. This is never a good idea! Hiring the services of an experienced DUI defense attorney to represent you at your DMV hearing can greatly increase your chances of a success.

Temecula / Murrieta DUI Defense Attorney, Lewis Khashan, is well-versed in DUI law and the complicated legal culture where your DUI case will soon take you. DUI attorney, Lewis Khashan, has the experience you need to represent you at your Los Angeles area DMV hearing. Lewis knows the best way to approach your case to protect your rights for the best possible outcome. Mr. Khashan can schedule your DMV hearing, assist you with filing important documents, and then aggressively represent you in the 2nd phase of your DUI ordeal: your criminal court case. If you are in need of a Southwest Riverside County DUI defense attorney, contact Lewis Khashan today!

Do you have questions about your case?

Please complete our Criminal Defense Case Evaluation Form for answers to your questions. For immediate assistance, call us today at (951) 225-4130 for a free, confidential consultation. Evening and weekend
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