San Diego DMV License Suspension Hearing for DUI
If you've been arrested for DUI, DWI, or a Drunk Driving related offense in San Diego County, in most cases the arresting Police Officer would have confiscated your California Driver's License and replaced it with a pink slip of paper to substitute as a 30 day temporary license pending the DMV's sanctions against your driving privileges. Usually the only exception to surrendering your driver's license at the time of a DUI arrest is if your driver's license is issued in a state other than California, in which case the DMV will notify the state where you are licensed of your DUI arrest and defer action to that states's licensing authority, or DMV.
YOUR DUI ATTORNEY MUST REQUEST A DMV HEARING
WITHIN 10 DAYS OF YOUR DRUNK DRIVING ARREST OR YOUR
DRIVERS LICENSE WILL BE AUTOMATICALLY SUSPENDED
If you or your DUI attorney do not request, schedule, and attend a DMV Hearing to contest the loss of your driver's license within 10 days of your DUI arrest, or within 14 days of receiving notice of the DMV's pending action, you will automatically forfeit your driver's license and waive your right to a hearing on the matter.
The DMV Hearing is separate from your criminal court proceedings and is your opportunity to examine the evidence and documents pertaining to your arrest, and to challenge the DMV's suspension of your driver's license. If the DMV Officials rule against you and stay your suspension, you have the right to appeal their decision and request another hearing, but only if you exercise your right for the initial proceeding within 10 days of your arrest.
At Your DMV Hearing, You Have Certain Rights:
1. You have the right to be represented by an attorney, but unlike your criminal court case, the DMV will not appoint an attorney to you if you cannot afford a lawyer. Even if you are eligible for a public defender in your criminal court case, the public defender will not assist you with the DMV administrative proceedings.
2.You have the right to examine evidence and documents against you
3. You have the right to present evidence, sworn statements, pictures, medical records and doctor's statements in your defense
4. You may testify on your own behalf
5. You are entitled to subpoena, question and cross examine witnesses, including the arresting police officer
6. You have the right to disagree with the presiding DMV Officer's decision via a request for an appellate DMV hearing
Preparing for Your San Diego DMV Hearing
Your DUI Attorney will submit a request to the DMV for the Department's evidence and case against you, called a discovery. If you waive your right to a DMV hearing, you are also foregoing the opportunity to review the evidence involving your case, which may also be used in your criminal court case. A chance to officially review the strength of the charges against you can be helpful in managing your criminal DUI charges.
Witness Subpoenas for DMV Hearings
Witnesses able to provide testimony in your case may attend your DMV Hearing by their own volition. To ensure that important testimony can be heard at your proceeding, it is in your best interest to subpoena witnesses who may have statements that will impact your case. You will be responsible for witness fees and mileage expenses of any witness you subpoena to your hearing.
Subpoenas must be served to the witness called forth by a person other than yourself. Documents for subpoena orders can be obtained at the DMV Drivers Safety Office.
DMV Hearing Decisions
Once your license suspension case has been heard, you will receive a written notice of the DMV hearing officer's decision based on testimony and evidence presented by both sides.DMV Hearing Appeals
If your license suspension is stayed, and you feel the DMV Official's decision was unjustified, you are entitled to appeal and request a DMV re-hearing.
G. Cole Casey is THE top DUI Lawyer in San Diego County. His practice is dedicated exclusively to the defense of persons charged with DUI, DWI and Drunk Driving in Southern California.
Call us twenty-four hours a day at 619.237.0384 or send us an email now to discuss an aggressive and legitimate defense strategy for your DUI case.