Beverly Hills DUI Lawyer
In California, the DMV will automatically suspend your license if your chemical test showed that your blood alcohol content (BAC) was over .08%. Your licenses might also be suspended if you refused a chemical test, because of California’s implied consent law. Implied consent simply means that any individual that drives a motor vehicle is automatically agreeing to testing should they be suspected of driving under the influence. Failure to take the test will result in an automatic license suspension.
If you were arrested for DUI, then you may be wondering if you can get your license back. The DMV has made it possible for some individuals to regain their license if they can prove their innocence at an administrative hearing. To ensure that you have the proper legal representation at this hearing, you should speak to a Beverly Hills criminal defense attorney at The Law Office of Peter Berlin. We are committed to giving personal attention to each of our clients so we are completely focused on their needs.
Request a DMV Administrative Hearing
Individuals have only 10 days after the date of their arrest to request a hearing. To schedule a hearing, you may call or write to a Driver Safety Branch Office. You will be asked for your contact information, driver’s license number, and date of birth. During this time, indicate if you need an interpreter to assist you at the hearing.
Before the administrative hearing, you and your attorney will have an opportunity to review the evidence against you. The DMV does not require witnesses to attend the hearings, so make sure that you question them before the official hearing. Once the hearing is scheduled, you and your attorney will attend along with the hearing. You will have a chance to present the evidence so that the hearing officer can make a decision. Unfortunately, hearing officers aren’t legally trained and act as both prosecutor and judge. Therefore, administrative hearings can tend to be biased.
After the hearing is over, the judge will inform you of the verdict in writing. If the decision is not in your favor, then you will have the opportunity to appeal to the department and the superior court. Note that you must appeal within it a certain time period. If you win the hearing, then your license suspension will be lifted until the court rules on your DUI charges.
If you are not able to make the hearing, then you need to contact the DMV within 10 working days of the date. The DMV may make exceptions for those who did not cause the delay and attempted to prevent it. The hearing will progress even if you do not show up.
Tough Representation from Our Firm
At The Law Office of Peter Berlin, we have extensive experience in dealing with administrative hearings and DUI cases. We are prepared to aggressively fight on your behalf, because we want to make sure your rights are protected at all times. With over 15 years of experience, you can be confident in our team’s ability to provide effective legal defenses for your DUI case. Give us a call at any time, as we are available 24/7 to meet your needs. Take advantage of your free consultation now!