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How the DMV Gets Involved in California DUI Arrests

26
Nov

How the DMV Gets Involved in California DUI Arrests

By Maltaise Cini

When a driver is arrested for drunk driving in California (also known as driving under the influence or DUI), the arresting police officer will confiscate the driver’s license and give them a Notice of Suspension form. Under California law, the police officer must then send the driver’s license, a copy of the Notice of Suspension form, and the results of any breath or blood tests to the California Department of Motor Vehicles (DMV).

Drivers who are arrested on suspicion of DUI must deal not only with the penalties of the criminal courts, but also with the administrative penalties imposed by DMV. Drivers have 10 days to ask for a hearing from the date the police officer confiscates their licenses. If a driver does not request a hearing within the statutory time period they will have waived their right to a DMV hearing and their CDL will be automatically suspended. The DMV hearing is different from a criminal trial, as it deals solely with the issues of 1. whether or not the officer had probable cause to stop the driver and 2. Whether or not an individual was operating a motor vehicle with a alcohol level of .08 or higher. If DMV finds both of these issues to be true the driver’s CDL will be suspended by DMV. The driver will have to “wait out” the suspension, enroll in an alcohol program, show proof of an SR22 and pay a reinstatement fee to DMV have their driving privilege reinstated.

An experienced California drunk driving lawyer will know how to represent you effectively in both a DMV hearing and in front of the court. If you have been arrested or charged with a DUI in Orange County, contact attorney Maltaise Cini. Ms. Cini has the legal resources and the experience that is needed to aggressively fight for your legal rights, whether you are dealing with the DMV or the court. To learn more, call Maltaise Cini today at 949-660-1389.