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DMV Hearings In a DUI Case

After a Drunk driving arrest you have two choices as it relates to your driving privilege. 1. You can do nothing and your license will be automatically suspended. 2. You can exercise your legal right to challenge the suspension by demanding a DMV hearing.

In California, a person is entitled to a formal hearing to determine whether sufficient evidence exists to suspend or revoke a driving privilege following an arrest for driving under the influence. The right to challenge the basis for any action taken by the DMV is rooted in CA state law and also protected as a constitutional right under the due process clause. A hearing is compelled only if the individual requests an APS hearing within 10 days of the incident. The issues to be addressed are as follows: 1. Was the driver lawfully arrested 2. Was the person driving a motor vehicle at a time when his or her blood alcohol was at or above a .08 percent by weight, of alcohol. The second type of action is known as a refusal hearing and the issues are whether the person was told that his or her license would be suspended or revoked if they refuse to take a breath or blood test. Both hearings are loaded with a number of potentail issues that can lead to the action being dismissed and therefore having an attorney present is critical.

 

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