If you are stopped for DUI, the police officer will take your driver’s license and issue you a 30 day temporary license. On the back of the temporary license is a notice advising you that you have 10 days to request a DMV hearing or your license will be automatically suspended. It is vital to request this hearing to preserve your privilege to drive. It is also crucial that you have experienced legal representation at the hearing for you to have a good chance of success. Call our firm for proven and dedicated assistance from a Riverside DUI attorney at your DMV hearing.
At the DMV hearing, the hearing officer will act as both prosecutor and judge. The hearing officer will try to admit into evidence the police officer’s arrest statement to support a finding that stop and arrest were legal and that your BAC (Blood Alcohol Content) was over .08%. Your attorney will seek to prevent the arrest statement from being admitted on grounds that the stop was illegal and so all further evidence is inadmissible. The attorney will also present any evidence that the officer failed to do the breath test properly.
If your license is up for suspension for refusal to take the breath test, your attorney will challenge the legality of the stop. The attorney will also question whether you were notified of the consequences of refusal and whether the officer persisted in trying to get you to take the test.
Our lawyers are among a select few attorneys in the state recognized by the State Bar as Certified Specialists in Criminal Law. We achieved this recognition by having extensive criminal law training and a record of accomplishment in the field. When you go before a DMV hearing, it is vital be represented by strong legal counsel that can present a detailed and compelling case to the hearing officer to advocate for your privilege to drive.
We urge you to contact us for help as soon as possible after your arrest, and our team will immediately begin working on your defense.
The amount of alcohol in the blood can also be measured by drawing a sample of the driver’s blood and having a trained technician analyze it in a lab. Though directly measuring BAC, a blood test can be tainted or determined invalid if police or lab technicians fail to follow procedures.
Results may be called into question if:
Did you know that that there’s a California law that says you have already given permission to have your breath or blood tested after a lawful DUI arrest? Under the state’s “implied consent” law (California Vehicle Code §23612), every person who chooses to drive in California is presumed to have given such consent. Because of this law, if you are arrested on suspicion of driving under the influence or alcohol or drugs and you subsequently refuse to take a chemical test (a breath test, blood test or urine test); you could end up being penalized.
Driver’s license suspensions and revocations are typically more severe than those that are given when a person takes and fails a DUI test. For this reason, drivers should keep the implied consent law in mind when they are arrested for alleged DUI offenses.
According to the California Department of Motor Vehicles, or the DMV, a driver who refuses to take a chemical test after a DUI arrest is subject to a one-year suspension of his or her driver’s license, for a first-time refusal. A second refusal within 10 years can result in a two-year driver’s license revocation, and a third or subsequent refusal within 10 years can lead to a three-year revocation. Furthermore, the implied consent law also lists other possible consequences—a fine and required imprisonment if the DUI case results in a conviction.
Were your driving privileges taken away from you for a breath, blood or urine test refusal? If so, there might still be chance to get your license suspension or revocation removed. Our attorneys represent drivers in their DMV hearings, where they can fight to protect their driving privileges.
License suspensions and revocations are sometimes overturned by the DMV, such as when it is shown that: 1) the arresting officer did not have probable cause for stopping the driver, 2) the DUI arrest was not carried out lawfully, 3) the officer did not properly inform the driver of the penalties for a chemical test refusal, or 4) the driver did not actually refuse to take the test.
In addition to assisting with DMV administrative hearings, we also help individuals challenging their actual DUI charges in court. After you bring us your case, we can thoroughly analyze the facts related to your arrest and help you determine you best defense options.
We are among the few defense attorneys in the state who are Certified Specialists in Criminal Law and we are AV rated® by the Martindale-Hubbell® national law directory. From Attorney Paul Grech’s years as a prosecutor and now as a defense attorney, we are intimately familiar with breath and blood test procedures and how to challenge them.
As veteran criminal defense attorneys, our team is experienced in refuting BAC evidence, and we are prepared to aggressively fight for your freedom. We are skilled in spotting violations of procedure breath tests and blood tests, and we will seek to have any invalid or unlawfully gained evidence thrown out in court and move to have your charges dropped.
We urge you to contact our Riverside criminal defense lawyers for a free consultation. You have only 10 days from arrest to appeal your license revocation; do not wait to contact our team.
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