Ten Day DUI Trap And Your Right to Drive

When driving is involved in your arrest (or citation), your license is in jeopardy. California’s Legislature & Department of Motor Vehicles (DMV) do not care about your need to drive. For all DUIs, the DMV administratively punishes you by suspending your license. Lawyers who save licenses at DUI and related DMV hearings understand the applicable administrative (DMV) laws.

First, you, or your attorney, must write or fax the DMV and demand a hearing within ten calendar days of your arrest.

You do not have the right to a free appointed lawyer at the DMV hearing. You must get your own lawyer. In the hearing, the DMV official acts as both prosecutor and judge. This means the official will try to find out the truth with or without your help. They are trained to rely on the police report over your testimony.

To win, you need to know the ins and outs of the law, the rules of evidence, your rights, and the applicable laws. With these tools your license can be saved.

For DUIs, they will decide whether the police officer had a legal right to stop or contact you, the right to arrest you, and whether you drove with blood, breath, or urine test results which are legally reliable and above the "per se" limit.

A competent lawyer knows what laws apply to your case, and when to bring in a scientific expert on your behalf. Science plays an important role in DUI cases and because the DMV never has their own expert witness, you can win.

If the DMV decides against you, your license is suspended or revoked. You can then appeal through the courts and/or the DMV if you feel the suspension isn't justified.