DMV Hearing for DUI’s in Los Angeles

A little overview to Drunk Driving laws in Los Angeles County; a person who is arrested for a DUI faces punishment from criminal court and DMV Administrative hearing.  The only power that the California DMV has is to suspend a person's drivers license, the amount of time depends on several factors.  TheDMV cannot fine, order community service or sentence prison time.  On the other hand, Los Angeles County criminal courts can do all of the above!

The first step to aDMV hearing is to request a hearing within 10 days of your arrest.  If a person fails to exercise their right to a hearing, they will face an automatic suspension without a chance to defend themselves.

Next, the DMV hearing is not held by an attorney or judge, it is a DMV employee.  If you have been stopped for a DUI and charged, contact the Law Offices of Loren M. Merlin where an experienced attorney will attend the DMV hearing and fight for you.

The issues that the DMV hearing officer is allowed to discuss are:

-The peace officer had reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140, 23152, or 23153, or Section 191.5 of the Penal Code and

-You were placed under lawful arrest and

-You were driving a motor vehicle when you had .08% or more by weight of alcohol in your blood.

If the DMV heating officer decides against you in the above three issues then your license is suspended or revoked.  Furthermore, you are entitled toAppeal this decision by making a request within 15 days and paying a fee.  Please callLos Angeles DUI Lawyers Law Offices of Loren M. Merlin we will be happy to discuss your situation with you.