When a person is arrested for a DUI, an automatic DMV suspension is triggered. This is also referred to as an administrative per se suspension by the DMV. Usually, the suspected drunk driver will have his license taken away at the time of arrest and the arresting officer will provide the driver with a temporary 30 day license. This is usually in the form of a single pink piece of 8″ X 10″ paper and has instructions on how to set up a DMV hearing and the time within which this must be done.
Because the hearing must be set up within 10 days of the arrest, it is always advisable to consult with a DUI attorney at the earliest possible time and certainly within 10 days of the arrest to guarantee a hearing with the DMV disputing the suspension of the license. If the DMV is not contacted within 10 days, the licensee will forfeit his right to contest the suspension.
Here at the Law Office of Richard McGuire, we have been successfully litigating DMV hearings for 20 years and bring this knowledge and experience to every DMV hearing. The department of motor vehicles looks at three issues when determining if the suspension was valid. They are: Did the police officer have probable cause to stop the driver? Was the arrest of the suspect legal under the law? And finally, was the blood alcohol level over .08 at the time of driving. There are a myriad of other regulations that the DMV must comply with in order to justify a suspension of the license. Title 17 of the Administrative Code mandates certain safety measures which if not complied with will result in an automatic stay on the suspension resulting in driving privileges being restored.
It is impossible for the lay person to be well versed enough on the laws and procedures involving a DMV hearing . It is always advisable to consult and if possible retain the services of an experienced and dedicated lawyer to assist in these matters. Here at the Law Office of Richard McGuire, we have successfully won numerous DMV hearings over the years and look forward to helping you on your case.
For a Free Initial Consultation call (714) 337-9331