California DMV overview
DMV Overview
If you are about to lose your driver’s licenses, you will need to contest it by scheduling and attending a DMV hearing. Every driver is entitled to a DMV hearing before their driving privileges are taken away. A DMV hearing is an administrative procedure conducted by the Department of Motor Vehicle (“DMV”) to determine whether to suspend your license for certain reasons like driving while under the influence.
A DMV hearing is needed after a DUI arrest. After the arrest, the police officer will confiscate your driver’s license and you will be given a temporary driver’s license. What you do next is time-sensitive and crucial. You have only ten days to arrange to have a DMV hearing set. If you fail to schedule a DMV hearing within 10 days, you will automatically surrender your right to a hearing. The failure to take timely action will result in your driving privilege being suspended thirty days after the date of your arrest. A DUI arrest is the most common reason why someone would need a DMV hearing. Other DMV hearings include negligent operator hearings, medical hearings, and fraud hearings.
Wallin and Klarich represent hundreds of clients each year who retain our services to demand a DMV hearing. We urge you to strongly consider retaining our law firm immediately after a DUI arrest so we can properly defend your rights and preserve your driving privilege. We will also deal with the obligatory long hold times on the phone with the DMV. Our traffic attorneys have successfully defended the rights of our clients in DMV hearings. This means our clients’ driver’s licenses returned to them and there is no suspension of their driving privileges. When our law firm receives a date for the DMV hearing, your license will remain valid pending the outcome of the DMV hearing.
If your license is suspended after a first-time DUI arrest, you will spend at least 30 days with no driver’s license at all. After that, you can get a temporary restricted license by:
- Paying a $125 fee to the DMV;
- Showing proof of insurance (the “SR-22″ form); and
- Showing proof that you are enrolled in a court-approved driving under the influence program .
Unfortunately, this restricted license only allows you to drive to and from work and to and from the court-ordered alcohol classes. If you don’t follow those rules, or if you drive with a suspended license, the penalties are 10 days to six months in county jail, plus a fine of anywhere from three hundred dollars ($300) to one thousand dollars ($1,000). See California Vehicle Code Section 14601. The law doesn’t care whether you need to drive to look for a job, take care of your family, or perform other daily tasks. That’s why it’s so important to call Wallin & Klarich to help you fight to avoid a license suspension.
At the administrative hearing, Wallin & Klarich will often fight your license suspension by challenging the technical grounds for your arrest and charges. For example, our traffic attorneys might examine whether the police officers who pulled you over had a reasonable cause to believe you were driving under the influence; whether your arrest was lawful; or whether your blood-alcohol concentration was truly over the legal limit. Even if the DMV decides that your license should be suspended, Wallin & Klarich may still be able to reverse that decision if you are found not guilty of your DUI in court. In addition, an adverse ruling can be appealed to the DMV in Sacramento and/or to the courts by filing a writ.
DMV hearings are complex, technical, and stressful for a person whose license is on the line. It is inadvisable to attempt to represent yourself. The DMV hearing is an administrative proceeding regarding your driving privilege and the circumstances surrounding the arrest, not whether you are innocent or guilty of a criminal act. Because DMV hearings are not criminal in nature, public defenders are unavailable.
With a Wallin & Klarich by your side at the hearing and in court, you can increase your chances of keeping your license. We have the experience and knowledge to help.
Wallin & Klarich approach every case with the belief that the person we are defending could easily be one of our own family members. We’ve seen firsthand how stressful legal matters can be for our clients and their loved ones. We are committed to being available to our clients at all times – 24 hours a day, 7 days a week, 365 days a year. If you or someone you love is facing a driver’s license suspension in Southern California, you should call Wallin & Klarich today for a free evaluation at (888) 749-0034.
