You ONLY have 10 calendar days to request a California DMV hearing after your arrest!
Don’t let this time pass by! Your privilege to drive WILL BE SUSPENDED if you do not request a hearing. Therefore, it is essential that you consult an experienced attorney after your arrest, so that immediate steps can be taken to preserve your right to a DMV hearing and to prepare a defense against Southern California DUI charges.
The DMV does not care if you need your license to take your kids to school, to drive to work, to take your sick grandmother to the doctor for her life saving treatment. They are cold hearted bureaucrats that will simply suspend your license if you do not request a hearing. Your pleas of need will fall on deaf ears if you do the hearing yourself.
Driving under the influence is the most common offense in our society. It can be charged as either a misdemeanor or felony DUI, depending upon your record or whether there were serious injuries.
If you are arrested for a DUI in Southern California, you have theright to refuse to do the field sobriety tests and the portable breath test that the police want you to take in their field investigation. However, California law requires that you take a blood or breath test after you are arrested and brought down to the police station.
It is always better to take a blood test, because the breath specimens are never preserved while blood specimens are preserved and can be later retested for a number of purposes.
- Was an arrest made that violated your 4th amendment rights against unreasonable search and seizure?
- Did the police explain your right to be silent before you were questioned?
- Was there a proper chain of custody for any evidence seized?
Refusal to perform field sobriety tests is in your best interests, because most police officers look for every possible imperfection and then write an arrest report grossly exaggerating any imperfection they may have observed.
If you are charged with a misdemeanor or felony DUI, you will need the best representation possible. Your Southern California drunk driving defense lawyer should have considerable jury trial experience in trying DUI. This experience is vital in the evaluationof your case. There are some cases which are close calls and are, what we call, triable; others are not close at all and may require the skill and experience to properly negotiate the proper result.
The Fox Legal Group understands how to attack breath test results, how to use qualified experts to attack test results, how to use eyewitnesses to support your defense and how to cross-examine the arresting officer and the prosecution experts at trial.
Finally, your Southern California DUI attorney should have a lot of knowledge about DMV (Department of Motor Vehicle) hearings. California law requires the DMV to suspend your license if your blood alcohol result is 0.08% or above and the police had reasonable cause to stop and arrest you.
Your freedom and reputation are too important to entrust to an inexperienced attorney. Call us for your free consultation 1-888-301-2455