When someone has been arrested for DUI in California, it also results in action by the DMV, separate and apart from the court proceedings. It is imperative that we request an Administrative Per Se (“APS”) hearing and a stay with the DMV, within 10 days of your arrest. If the chemical test result is expected to be over .08% (if you are 21 years of age or older), or if the chemical test result was over .01% (if you are under 21 years of age or on probation for a DUI), or you refused to submit to a chemical test, the police will take away your California driver’s license and issue you a Notice of Suspension/30 day Temporary License.
The police officers are not supposed to seize an out-of-state driver’s license, although they often do. Generally a California DMV hearing should be requested even if you have an out-of-state driver’s license; please contact us to discuss that matter on a case-by-case basis. A first, second or third DUI involve a suspension with a couple of different restricted license options, whereas a refusal results in a hard suspension with no restricted license options (1 year for a first offense, 2 years for a second, and three years for a third offense).
An experienced DUI defense attorney can often successfully contest these suspensions. However, it is absolutely critical that you, or preferably your attorney, CONTACT THE DMV WITHIN 10 DAYS OF THE ARREST. The importance of this cannot be overstated because if a timely request is not made, there will be no hearing and the suspension will automatically take effect 30 days after the arrest. A “stay” of the suspension should also be requested in order to prevent the suspension from automatically taking effect 30 days after the arrest. If you have not retained an attorney within the initial 10-day window, then you should contact the DMV and request a DMV hearing (called an APS hearing) and a stay on the suspension of your license.
You should never try and handle an APS hearing on your own, nor should you expect much success if you retain an attorney who does not routinely handle DMV hearings-there are special rules that apply and your best chance for success lies with an attorney who knows the unique rules, procedures and issues that govern DMV hearings.
As long as a stay has been requested, you will continue to have full driving privileges until the DMV hearing has occurred, and the hearing officer has issued a written decision (normally within 15 days of the DMV hearing). If the hearing is won (called a “Set Aside”), the DMV will not take any action against your license; if the hearing is lost, the DMV will simply impose the same suspension they would have done automatically, it will just begin at a later date. So there is no penalty for requesting a DMV hearing, and trying to get the suspension “set aside.”
Ms. McQueen provides representation at many types of DMV proceedings (including Administrative Per Se hearings, Negligent Operator hearings, and Reexamination hearings) and will aggressively seek to protect your driver’s license. An experienced attorney who specializes in DUI defense cases can effectively handle both the criminal and administrative proceedings.
Unfortunately many general practitioners with little or no training or experience in this very complex field often attempt to represent those accused of DUI, with disastrous results.
License Suspensions
If this is a first offense within 10 years, and you are 21 years of age or older, the license will be suspended unless the DMV hearing is won. Happily, there are restricted license options available after you have complied with certain requirements. If the case involves a first-time refusal to submit to chemical testing, the suspension is for 1 year (2 years for a second or subsequent refusal), and there are no restricted license options. If you were under 21 years of age at the time of arrest, you can apply for a Critical Need to Drive License, and if you are over the age of 21 but have a suspension for a second or subsequent DUI, you can apply for an Interlock-Restricted license.
Negligent Operators
California Vehicle Code 12810.5a defines a negligent operator as any Class C (passenger car) licensed driver “whose driving record shows a violation point count of four or more points in twelve months, six or more points in twenty-four months, or eight or more points in thirty-six months.” Read more about our services to drivers who have been classified as negligent operators.
Senior Driver and DMV Issues
If your license (or that of a loved one) has been suspended or revoked by the California Department of Motor Vehicles (DMV) for a physical or mental condition (“P& M”) or lack of skill, Attorney Mindy McQueen can help. Ms. McQueen has extensive experience with reexamination hearings before the DMV, and has consistently obtained excellent results for many “senior” clients. If you are searching for an attorney who handles every reexamination and administrative hearing with passion, determination, and great attention to detail, then call Mindy McQueen today. As the client testimonials indicate, for Mindy, obtaining a good outcome for her clients is a matter of personal pride, and she truly cares about getting your driving privilege reinstated. Ms. McQueen offers a free consultation, and can usually begin helping you as soon as you call or email her.
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