What issues are before the DMV at my driver's license hearing as a result of my DUI?

 

Generally speaking, the sole issues before the DMV at the adminstrative per se revocation license hearing are If the department determines in the review of a determination, by a preponderance of the evidence, all of the following facts, the department shall sustain the order of suspension or revocation:

 

(1) Did the peace officer have a reasonable cause to believe you were driving a motor vehicle in violation of sections 23152 or 23153 of the California Vehicle Code?

(2) Was the driver lawfully arrested?

(3) Was the driver operating a motor vehicle with a blood alcohol content of .08 or higher?

 

In the alternative, if the issue before the DMV is violating the implied consent laws such as refusal to submit to or failure to complete a chemical test then the issues generally would be:

 

(1) Did the peace officer have a reasonable cause to beleive you were driving a motor vehicle in violation of sections 23152 or 23153 of the California Vehicle Code?

(2) Was the driver lawfully arrested?

(3) Was the driver told that your driving privelege would be suspended for one year, or revoked for 2 or 3 years if you refused to submit to (or failed to complete) the chemical test?

(4) Did you refuse to submit to, or fail to complete the chemical test after being requested to do so by the law enforcement officer?

 

There are additional rules for commercial driver's licenses.

 

DUI Lawyer Vincent J. Russo

 

Our office will zeaolusly advocate your legal interests at the DMV License hearing. We know how important it is for you to maintain your driving privlege. Accordingly, we will fight for your right to drive.

 

If suspended, your driving privilege may be reinstated under California law provided that you satisfy certain conditions required by the California DMV, such as file proof of financial responsibility with the California DMV (Form SR-22), pay a reissuance fee to the California DMV, and/or obtain a notice of completetion certificate from your drug or alcohol treatment program. Other restrictions and conditions may apply.

 

Don't Forget: Your License is by default automatically suspended 30 days after you are provided notice of the adverse DMV action unless you request a hearing to show that the suspension or revocation is not justified under the law.

 

PS: Please Drink Responsibly & Don't Drink & Drive!!!!

What issues are before the DMV if I refused to take a blood, breath or urine test in accordance with the implied consent laws in California?

(1) That the peace officer had reasonable cause to believe that the person had been driving a motor vehicle in violation of Section 23136, 23140, 23152, or 23153. (2) That the person was placed under arrest or, if the alleged violation was of Section 23136, that the person was lawfully detained. (3) That the person refused or failed to complete the chemical test or tests after being requested by a peace officer.