If you have been arrested and charged for a DUI in the Fremont area, you will need to take fast action to avoid an automatic license suspension. We recommend that you contact the Law Offices of Adam Allen Arant immediately after you have been charged. Adam can take action to request a DMV hearing to challenge your license suspension. As a Fremont DUI attorney, he has helped innumerable clients in all types of DUI cases and, with his skilled representation at your DMV hearing, can increase your chances of avoiding the loss of your driving privileges mandated by the DMV.
What should you expect at your DMV hearing?
At the time of your DUI, your license will be confiscated by the arresting officer and you will be issued a Suspension Order and Temporary License document which will allow you to drive for 30 days until your DMV hearing is held. At this time, you will have 10 days to request a hearing with the DMV concerning your automatic license suspension.
If you fail to make this request, you will forfeit your right to a hearing and your license will be automatically suspended by the DMV after the 30-day temporary license expires. The only matter that will be discussed at the hearing is why your license should not be suspended. Your DUI charges will be handled at another time under a separate court procedure.
At a DMV hearing, an individual contests his/her license suspension and gets to review the evidence against them. At the hearing, the driver can also challenge any evidence brought by the department. He/she can present their own evidence, witnesses and testimonies. The driver is also allowed to cross-examine the testimony of any witnesses brought in by the department. You can also testify on your own behalf. With the aid of a criminal defense attorney and a strongly crafted case, you might be able to have your license suspension lifted. You can expect the following issues to be brought up during your DMV hearing:
- Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of the Vehicle Code?
- Were you placed under lawful arrest?
- Were you driving a vehicle when you had 0.08% or more by weight of alcohol in your blood?
- Were you told that if you refused to submit to or failed to complete a test of your blood, breath, or (when applicable) urine, your driving privileges would be suspended for one year or revoked for two or three years?
- Did you refuse to submit to or failed to complete a blood or breath test, or (if applicable) a urine test?
After the hearing, you have the right to a decision by writing. If the decision is against you, you can request that the department conduct an administrative review of the decision and you can appeal the decision to superior court. What are the benefits of having an attorney represent you in a DMV hearing? A DUI attorney can write motions, gather evidence and prepare in many more ways for the hearing. The hearing officer will be looking for particular pieces of evidence in order to prosecute you- a DUI attorney will know what these incriminating pieces of evidence are and how to suppress or combat them. Because the defenses can get very technical and the motions to file are often very complex, it is better to have legal representation in your corner.
With the right defense strategy and skillful representation of your Fremont DUI attorney at the hearing, you may avoid having your license suspended. This hearing may even help with your eventual DUI case in court through evidence presented by the arresting officer's report. Adam will know what evidence and paperwork should be presented at the hearing to give you the best chance of retaining your driving privileges. For legal assistance with a DMV Hearing following a DUI, contact the Law Offices of Adam Allen Arant today!