APS DMV Hearing – Los Angeles DUI Defense
Most Los Angeles DUI arrests will require not only an appearance in the Superior Court but also a DMV hearing in a Drivers Safety DMV office. The process starts with a police officer issuing a temporary driver’s license to a driver arrested for a DUI or to a driver who drives in violation of other DUI laws, such as zero tolerance law for persons on DUI probation, minors, or an underage driver’s DUI.
A temporary driver’s license is issued by law enforcement on a standard DMV form (DS-367) to drivers arrested for Los Angeles DUI. This form provides the option to request a DMV hearing. Los Angeles DUI attorneys often recommend requesting a hearing after a DUI arrest in Los Angeles, as a license suspension or revocation is almost certain without it. However, there are situations where requesting a Los Angeles DUI hearing may not be advisable, such as when the DMV may suspend the license for other reasons, like physical or mental health issues, which could result in an indefinite suspension.
If a DMV hearing is not requested within 10 days of the Los Angeles DUI arrest, the DMV can suspend or revoke the driver’s license without further proceedings. Our Los Angeles DUI attorney specializes in defending clients both in court and at DMV hearings following a DUI arrest Los Angeles. With our low overhead, we offer high-quality legal representation at rates often below market prices, passing the savings on to our clients.
The DMV process for a DUI-related license suspension is administrative and does not require a mandatory in-person appearance. Our Los Angeles DUI attorney can represent you at the Administrative Per Se (APS) DMV hearing, often conducted by telephone, which can save costs if attending the Driver Safety Office in person is not feasible. The DMV procedure allows for telephone testimony, enabling us to have an expert testify on your behalf remotely.
Expert testimony is often critical to your defense, as it can shift the burden of proof to the DMV. In such cases, the DMV must present its own expert witness to rebut the testimony provided. It is not uncommon for the DMV to fail to call an expert, which can significantly strengthen your case. If your expert can testify that it cannot be concluded by a preponderance of the evidence that you were over the legal limit at the time of driving, there is a strong chance the DMV may set aside the suspension.
Once the DMV receives a copy of the DS-367 form from the officer, they will generate a suspension/revocation of driving privilege letter and mail it to the last known address. If the request for a hearing is received in time by the Driver Safety office, you can ignore the letter or call the DMV to confirm that the suspension will not take effect until the hearing.
Before the hearing, the DMV will send your attorney a copy of the police report and the DS-367 form. Many DMV hearings can be won through evidentiary objections, as arresting officers often make errors or fail to complete the DS-367 form properly. At the hearing—referred to as an Administrative Per Se (APS) hearing—the DMV will attempt to prove that you had a blood alcohol level above the legal limit while driving.
Our role is to challenge this by demonstrating that the evidence does not support the claim that you were both driving and over the legal limit at the time. Through expert testimony, procedural challenges, and strategic objections, we work to weaken the DMV’s case and increase your chances of avoiding a suspension.
If you’ve been arrested for a DUI, don’t leave your license and future to chance. Contact our Los Angeles DUI firm for a free consultation. We have the experience and dedication to provide you with an aggressive defense at your APS DMV hearing. Let us fight for you!
Call anytime our direct (323) 464-6424 to talk to Los Angeles DUI attorney right now.
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