San Diego DUI Defenses - DMV HearingA DUI charge in San Diego consists of two entirely separate and independent processes, which are the criminal court process and the California Department of Motor Vehicles (DMV) Administrative Per Se (APS) hearing. The criminal court process deals with your guilt or innocence of a criminal act whereas the DMV hearing is an administrative proceeding regarding the suspension or revocation of your driving privileges. You must request your DMV hearing within 10 days of the date of your San Diego DUI arrest. When you were released from custody after your DUI arrest you will have received a pink notice of suspension and a temporary driver’s license (DMV Form DS-367). Having a competent San Diego DUI attorney represent you at this DMV hearing significantly increases your chances of reinstating your driving license because at this stage your driving license has already been suspended. Your driving license was revoked at the scene by the arresting officer and you were issued a temporary license when you were released from custody. You or your lawyer must request your DMV hearing within 10 days of the date on the pink suspension notice. Otherwise when your temporary driver’s license expires in 30 days, you won't be allowed to drive for the time period up until the conclusion of your DUI case which could possibly be months, even if you are not guilty. To request your DMV hearing you or your lawyer must provide your name, driver’s license number, date of suspension notice and information on whether you took or refused a blood or breath alcohol test. You can also request for the hearing to be done in person or done over the phone. If you decide to use a San Diego DUI lawyer then it is a good idea to contact them before you request the hearing, which will usually take place 30-45 days after your request. The act of requesting the DMV hearing means that your temporary driver’s license is extended until after the hearing. It is important for you to realize that the DMV Hearing Officer in charge of the hearing takes the role of prosecutor and it is his intention to take punitive action against you. And unlike in the criminal court process for San Diego DUI cases, if you do not have a DUI attorney to represent you the DMV will not appoint one for you and you will be at their mercy. Not having a qualified San Diego DUI lawyer represent you is a wasted opportunity to examine and object to certain evidence, such as the chain of custody of your blood sample or some other technical aspect of your case that might give grounds for a solid DUI defense. of the time the DMV Hearing Officer won’t make an immediate decision after the hearing and you will be informed by mail of his decision up to 2 weeks later. A temporary driver’s license will be extended until the hearing officer’s final decision. To request an Administrative Per Se (APS) hearing after a DUI charge you must contact one of 12 DMV Driver Safety Offices located in the following areas: City of Commerce
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