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FAQ

8. DMV HEARINGS: ARE THEY DIFFERENT FROM COURT?

Yes. The DMV hearing is a separate administrative procedure that is distinct from any court action and can result in loss of the driver’s license if one fails to request a hearing or if one “loses” the DMV hearing. The particular DMV hearing that is required after a DUI arrest is titled, “Admin Per Se” hearing, because it is based not on the impairment but on presence of alcohol in driver’s blood that is above the legal limit of 0.08%. The DMV hearing can results in consequences that are a lot more severe then the court action; for example, a commercial driver can negotiate a reduced disposition in court but lose his commercial driver’s license for life if he has two adverse admin per se findings. The DMV hearing process starts when the arresting officer issues a temporary driver’s license to a driver arrested for a DUI on a form titled “DS-367”. Copy of the form with a confiscated California driver’s license will be mailed back to the DMV and assigned to the closest “DMV Drivers Safety” office for a hearing. The form acts as a temporary driver’s license good for 30 days after which the driver’s license is automatically suspended.

During the admin per se hearing, a hearing officer will review copy of the police report and the DS 367 form from the arresting officer and admit them into the evidence, usually without calling any witnesses. Such lax procedure is permitted because the DS 367 form are filled out by the arresting officer under the penalty of perjury and the form is approved for this usage by the California Courts. Based on the DS-367 form and the police report, the hearing officer will try to determine if (1) the driver was stopped by the police lawfully; (2) if driver was arrested lawfully; (3) and if the driver drove a vehicle with a BAC of .08% BAC. If any of these issues can not be determined, the DMV must return the driver’s license to the driver by deciding that the initial suspension that was to take effect based on the determination of the arresting officer, must be “set aside”. In additional to specializing in Los Angeles DUI defense in court, we also are highly skilled DMV defense attorneys. We fight zealously for our clients by successfully arguing for set asides in all DMV drivers safety offices. We are able to win DMV hearings on evidentiary objections or on convincing hearing officers that defendant was not lawfully stopped or arrested. Also, we are able to present testimony of experts, who can testify about improper scientific procedure and undermine the police blood or breath testing methods. Consequences of DMV suspension can be a lot harder on many people then often favorable resolution of the criminal case in court.

If you know someone who was arrested for a DUI, please give them our telephone number. We only ask for a privilege to represent you or your loved one in court and at the DMV.

9. WILL A NOT GUILTY VERDICT CAUSING SUSPENSION AFTER DUI ?

In essence, a person who is arrested for a DUI in Los Angeles can lose his license “twice”. A conviction for a DUI will cause a suspension just because a conviction will result in a suspension. Also, once a person is arrested for a DUI, a DMV starts its own proceeding, called an Administrative Per Se (APS) Hearing, where a lost hearing, irregardless of a conviction, will also result in a suspension. The good news is that both suspensions have to run concurrently, so some people do not even realize that they had both suspensions. The bad news is that to avoid a suspension, a driver not only have to settle for a wet reckless or better, but also have to win an APS hearing. The only exception to this rule, that will overturn a lost APS hearing is a finding of not guilty on a VC 23152(b) count or a not guilty verdict for a DUI. The law governing this exception is found in VC 13353.2(e) and will protect a driver accused of a DUI or a probationer or a minor accused of having .01% alcohol in his blood. Unfortunately, this exception does not apply to refusals, so a refusal have to be won in an APS hearing.

10. WILL I GET JAIL TIME FOR NOT DOING MY COMMUNITY SERVICE ON TIME?

There are two ways a person can get sentenced to do community service.

First, after being found guilty of an infraction, you can request that your fines are converted into a community service. An infraction is an offense that does not carry jail time, such as speeding tickets or possession of minor amount of marijuana. Not doing community service after an infraction plea will not result in jail time.

Second, after being found guilty of a felony or a misdemeanor and being placed on probation, a person can be sentenced to community service. Failing to complete community service in that case will be a violation of probation and can result in jail time. You are entitled to a hearing to determine if the failure was your fault. Most courts will give you an extension first time around without violation of probation. It is always is a good idea to have an attorney present with you for the violation hearing.

FAQ

8. DMV HEARINGS: ARE THEY DIFFERENT FROM COURT?

9. WILL A NOT GUILTY VERDICT CAUSING SUSPENSION AFTER DUI ?

10. WILL I GET JAIL TIME FOR NOT DOING MY COMMUNITY SERVICE ON TIME?

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