When you are arrested for driving-under-the-influence in California, two cases are started, one with the Department of Motor Vehicles (DMV) and one with the court. The arresting police officer should have confiscated your driver's license and given you a pink DS-367 form, which serves as a temporary license and a formal notice of license suspension until you have the DMV case resolved. It is crucial that you request an administrative hearing with the DMV within ten (10) days of your arrest or have a Napa DUI lawyer do this for you. If you do not request a hearing within this ten-day period, your license will automatically be suspended 30 days from the date of your arrest.
The administrative hearing is conducted by a DMV employee who will review the police report and any evidence presented in order to make a determination as to whether your driver's license should be suspended or revoked. At this hearing, your Napa DUI lawyer can present rebuttal evidence, call witnesses, and utilize other legal strategies in order to help you retain your driving privileges. After this, the DMV hearing officer will review all of the evidence presented and send a formal written notice to your Napa DUI attorney. This generally takes anywhere from two weeks or more to occur.
DMV Penalties
First-time Napa DUI offenses generally result in a four-month license suspension. If you were under the age of 21 at the time of your arrest, refused chemical testing, or this is a subsequent DUI offense within a 10-year period, the DMV typically will issue a one-year license suspension. In addition to the DMV suspension or revocation of your license, the DMV also has the right to require other conditions to be met before your license may be reinstated. These conditions include your having to attend AA meetings or alcohol-education classes. An experienced Napa DUI attorney may be able to petition the DMV so that you can get a restricted license which would allow you to drive to and from work, school, and other specified places.
Benefits of Requesting a Hearing and Hiring a Napa DUI Attorney
Often, when our Napa DUI law firm requests a hearing, we have been able to obtain an extension to the 30-day temporary license issued at the time of your arrest. Sometimes, this extension can be for several months until a client's DMV hearing is held. Hiring a skilled Napa DUI attorney can provide you with the best possible outcome at the hearing. Attempting to handle things on your own almost always results in a loss of driving privileges. Contact us today for a Napa DUI case review and preserve your right to drive!
