After you have been arrested for DUI, your driver's license will be taken by law enforcement. You will be issued a temporary driver's permit if you are eligible. Unless you request a hearing with the DMV within 10 days from the date of your arrest, your license will be suspended. The length of a license suspension for a first offense DUI is 4 or 6 months, depending on whether a restricted license is requested. Subsequent offenses result in lengthier suspensions.
A DMV hearing is not a court hearing in your DUI criminal case. It is an administrative hearing where the DMV must prove the following three issues by a preponderance of the evidence: (1) the arresting officer had reasonable cause to believe you were driving a motor vehicle in violation the DUI laws; (2) you were lawfully arrested; and (3) your blood alcohol content was .08 percent or greater.
What Can Our Attorney Do For You?
At the DMV hearing, we will challenge the DMV's evidence against you and if appropriate, submit additional evidence challenging the DMV's case. With the assistance of a skilled Fresno DUI defense attorney from the Law Office of Michael J. Aed, you may be able to keep to your driver's license.
If you do not request a DMV hearing within 10 days of your arrest, your driver's license will automatically be suspended. If you are caught driving on a suspended license, you will be charged with a new crime, which may make it more difficult to get your license back.
A DMV hearing is not a court hearing in your DUI criminal case. It is a separate administrative hearing. It is crucial that you retain a qualified Fresno DMV hearing attorney to protect your rights both at the DMV hearing and in court. Our firm has the skills and experience necessary to fight for your rights, and has assisted countless individuals in retaining their driver's licenses and avoiding a conviction in court.
Contact the Law Office of Michael J. Aed immediately if you have been arrested and charged with DUI and need legal representation for the DMV hearing. Email us or call us at 559-495-9320 to reach our Fresno, CA, office.