When an individual is charged with a Los Angeles DUI there are two public entities that will seek to punish the driver. One is the Court and the other is the Department of Motor Vehicles. Since the Department of Motor Vehicles is the agency that issued the license to the driver, they also have the ability to suspend or revoke the person’s driving privilege. Upon being arrested and charged with driving under the influence, the DMV will receive notice of the arrest and attempt to revoke the driving privileges of the driver. The driver will have ten days from the date of arrest to schedule a hearing with the DMV to challenge the action taken by the DMV.
At the hearing, the DMV must prove that the driver was driving a motor vehicle and operated the motor vehicle while having a blood alcohol concentration of 0.08 or higher. The hearing is very informal and held at a local DMV Driver’s Safety office. The Court nor the prosecutor are present, since this is not a criminal matter. It is important that the driver retain an attorney and have the attorney present at the hearing to argue on behalf of the driver. Following the hearing, the driver will receive notification in the mail within two to three weeks regarding the outcome of the hearing. The Hearing Officer at the hearing can either uphold the suspension or set aside the suspension.
If you or a loved one is facing charges for driving under the influence, contact our Southern California DUI attorneys at Wallin and Klarich. Wallin & Klarich will help protect your rights and find the best defense strategy for your case. For over 30 years, our attorneys have been helping clients keep their driver’s license and maintain the ability to continue driving. Please call us at (888) 280-6839 or visit our website at www.wklaw.com. We will be there when you call.
