Los Angeles DMV Hearing – 10-day Rule
At the time you are arrested, your driver’s license is confiscated by the police and you are given a temporary driving permit in its place. This permit is valid for 30 days, however, you only have 10 days from the time of arrest to request a DMV hearing. If you don’t request a hearing within that 10-day timeframe, your license will be automatically suspended when the temporary permit expires. This means that you will be unable to drive for at least 4 months, possibly a year or longer depending upon the circumstances surrounding your case.
Being unable to drive can have a devastating effect on your life. Without an alternate means of transportation, you will not be able to attend work, school, or perform any other activities that require you to drive. The inconvenience alone can cost a family in both time and money as they try to find a viable work-around for the situation.
Fortunately, it does not have to be that way. If you have retained a skilled and competent Los Angeles DUI lawyer, you may have a good chance of retaining your driving privileges. A qualified Los Angeles DUI attorney will schedule your DMV hearing, and will even attend on your behalf – and until you have your DMV hearing, you will be able to continue to use your temporary permit, even if the hearing occurs after the initial 30 days has passed.
Los Angeles DMV Hearing – Procedure
Your Los Angeles DMV hearing is not a jury trial, but is instead an administrative action – your case will be heard by a DMV official who acts as both prosecution and judge. The DMV hearing is not as comprehensive as a trial, and evidence does not have to be proven beyond a reasonable doubt. For this reason, only a skilled and experienced Los Angeles DUI defense lawyer can assure you of the best chances for a successful outcome at the DMV.
Specifically, the DMV official will attempt to find evidence of the following:
- The arresting officer had reason to believe you were driving a motor vehicle while under the influence.
- You were placed under lawful arrest
- You were driving while you had a blood alcohol concentration of .08% or more.
If you refused to take a blood or breath test, then your license will be suspended for at least a year, and perhaps longer, depending upon the circumstances of your case.
Despite the requirements and sometimes confusing procedures, a lawyer who is well-versed in Los Angeles DUI law may be able to get your driver’s license reinstated, depending upon the circumstances of your case. Additionally, a skilled Los Angeles DMV attorney will be able to file the required forms to request a restricted or conditional driving permit if necessary. Don’t give up your driver’s license without a fight – contact a professional Los Angeles DUI defense attorney as soon as possible to help you with your DMV hearing.
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