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Understanding DMV Hearings

You only have 10 days!

If you have recently been arrested and charged with driving under the influence (DUI), it is important that you talk with a competent lawyer as soon as possible. One of the issues that you will immediately need to address is the possible suspension of your drivers' license. You will have 10 days from the date of your arrest to set up an Administrative Per Se (APS) DMV hearing in order to try and avoid this action from taking place. If you do not set up this hearing, your rights will be waived after the 10-day period and an automatic suspension may take place.

A skilled DUI defense attorney can help you prepare for your DMV hearing by going over the police report and details of your arrest. At the hearing, the arresting officer will be present their side of the story to try and prove that there was probable cause to stop you, administer any field sobriety tests, blood tests or breathalyzer tests, and based on the findings, arrest you for DUI. In some cases, there can be inaccuracies or errors with regard to field sobriety and chemical testing, which makes it crucial to have a legal representative that is extremely well versed in these areas in order to spot any discrepancies.

Not a Criminal Court Trial

It is important to make the distinction between this DMV hearing and a criminal court trial. At this hearing, the only thing that will be evaluated is the state of yoru driver's license. Here, the goal is to prove that you should be able to keep your license and not have it suspended. A criminal court trial is what will actually determine whether you are guilty or not guilty of the DUI. Without proper representation, you could lose more than just your driving privileges. An arrest for DUI not only involves the DMV, but also the state's criminal charges that will be brought against you that could result in additional DUI penalties such as:

  • Incarceration
  • Steep fines
  • Community service
  • Probation
  • Possible vehicle impoundment
  • Raised insurance rates
  • Mandatory substance abuse program or classes
  • DUI arrest, charges and conviction on your legal record, which can be viewed by anyone who conducts a background check for employment or other purposes.

At Floyd, Skeren & Kelly, LLP, our seasoned legal team is intimately familiar with the procedures that police use to arrest individuals for DUI. We know how to build an effective case for your DMV hearing, as well as the criminal charges you are facing, and are prepared to provide you with the high level of representation you need and deserve in order to achieve the best result possible in your case.

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Floyd, Skeren & Kelly, LLP - Ventura DUI Attorney
Located at 916 West Ventura Boulevard, Suite 100 Camarillo, CA 93010. View Map
Phone: (888) 660-3554