San Diego DMV Hearing Attorney
You Only Have 10 Days After a DUI to Save Your License
When you are arrested for a DUI offense, the arresting officer will take away your driver's license and give you a pink slip of paper, either a notice of suspension or revocation, and if a suspension, you will receive a 30-day temporary license that is in effect during the period in which your DUI case is being resolved. At the end of the 30 days, your driver's license will be suspended based upon whether you have a prior DUI conviction and other circumstances in the case (accident, injury or other factor).
What you may not know is that you have only 10 days after your arrest to contact the California DMV to schedule a hearing regarding the suspension of your license. If you fail to schedule this hearing, your license will automatically be suspended 30 days after your arrest.
At JD Law, our San Diego DUI lawyer can handle both the criminal case and DMV hearing on your behalf. At your DMV hearing, you have the opportunity to present information and evidence to try to reverse your license suspension. That is why you need to obtain counsel from our firm right away! We have more than 30 years of experience and offer representation from a board certified criminal law specialist.
Automatic License Suspension in San Diego, CA
The process of administrative license suspension is automatic unless you take action. The officer has submitted a sworn report to the DMV about your DUI case, which is reviewed by the DMV to determine if your license should be suspended. The hearing has the purpose of giving you the opportunity to prove that the suspension or revocation is not justified.
You will be up against the following penalties:
- BAC of.08 or higher: You will have a 4 month license suspension.
- 2nd DUI offense (within 10 years): You will face a one year license suspension.
- Breath test refusal: Your license will be suspended for 1 year.
To prove that the suspension or revocation of your license was not justified, it is necessary to establish certain facts. These may include that the initial police stop was illegal and violated your rights, that the breath testing was administered incorrectly and the results are likely to be inaccurate, or that there were other errors in procedure. At our firm, we know the process of challenging license suspension intimately, and what to do to help you fight to retain your right to drive.
Contact JD Law for Aggressive Representation
If you have been arrested for DUI in San Diego or the surrounding areas, JD Law may be able to help you. Attorney James N. Dicks has been involved in the criminal field since 1977 and boasts extensive experience. If you are looking for a DUI attorney in San Diego who will do everything possible to defend your rights and help you avoid a DUI conviction, look no further. We offer a free consultation and can advise you about your options, the possible defense strategies that could be employed, and what could be done to challenge a suspension or revocation of your license at a DMV hearing.
Contact our San Diego DMV hearing lawyer today to work toward building your defense!