DMV Hearings in California
Downey DUI Lawyer
The DMV might suspend your license for alcohol-related charges in a couple of different situations. First, if you refused a chemical test, then your license will be suspended according to California's implied-consent law. The implied consent law states that any driver who operates a motor vehicle in California is automatically agreeing to chemical test if a law enforcement official suspects them of drunk driving. If a driver refuses to take the test, then his or her license will automatically be suspended. The DMV might also suspend your license if a chemical test showed that you were above the legal limit of alcohol, which is .08%. An officer can administer a blood or breath test to get this result.
If your driver's license was suspended by the DMV, then you may be able to get it back through a DMV administrative hearing. It is important that you get a tough legal defender to advocate your cause before the DMV officials. Call a Downey criminal defense lawyer at the Law Office of James Mendez, to ensure that you are properly represented. Attorney Mendez is a former prosecutor, so he can provide effective strategies that defend against the prosecution's claim.
How to Request a Hearing
Once you have been arrested for drunk driving, you have 10 days to request a hearing with the DMV. This can be done by calling or writing to the nearest DMV Safety Branch Office. You should include your contact information, date of birth, driver's license number. If you require an interpreter for another language, then you should notify the DMV of this in your request for a hearing.
DMV Administrative Hearing Defenses
At the hearing, an officer might consider the following issues:
- Probable cause for the arrest: did the officer have a reasonable suspicion for pulling you over?
- Blood alcohol content: were your BAC levels over .08%?
- Chemical test refusal: did you willfully refuse the chemical test? Did the officer tell you that a refusal meant license suspension?
- Lawful arrest: did the officer arrest you with just cause?
To defend against these charges, Attorney Mendez might prove that you weren't actually driving. If the officer didn't personally see you driving, then your arrest might not have been lawful. He may also be able to demonstrate that you didn't actually refuse to the breath test. The officer may have misinterpreted your answer or your breath samples were simply not adequate for the breathalyzer machine.
If you did take the chemical test, then Attorney Mendez might bring up questions about the manner in which the test was given or the accuracy of the test. While administering a breath test, the officer must watch the suspect for 15 minutes to make sure that he or she does not burp, vomit, eat, drink, or do anything else to jeopardize the test results. He may also try to prove that the breathalyzer machine wasn't working properly because it wasn't cleaned or calibrated correctly. Any of these and other defenses may cause the DMV to restore your license.
Representation by an Experienced Lawyer
For over 15 years, Downey DUI attorney, James Mendez has been representing individuals accused of DUI and other criminal offenses. His firm is committed to making sure that your rights are protected throughout the duration of the case. The Law Office of James Mendez is available 24/7 to take care of any questions or concerns you may have.
Call the office so that Attorney Mendez can begin working on your case as soon as possible! You only have 10 days to pursue an administrative hearing. Don't wait until it's too late!