DMV Hearings

California criminal defense attorney Thomas Wallin specializes in DMV and mature driver hearings. Mr. Wallin gets results, so if you need an experienced attorney for your DMV Hearing, call today at 1-866-857-5900.

If you are arrested while driving, you will receive a temporary license that is valid for thirty (30) days from the arrest date. In a DMV hearing, the driver has ten days from the date of arrest to request a hearing. If they do not request a hearing within ten days, the hearing is waived and their license suspension begins. If the driver requests a hearing within ten days of the arrest, the DMV (Department of Motor Vehicles) will stay the license suspension pending the outcome of the hearing.

If a person arrested for a DUI fails to request a hearing within the ten day period, the result could be a four (4) month suspension on a first time DUI arrest, with the first month of suspension being mandatory. A suspended license prevents an individual from operating any motor vehicle during the dates of the suspension. After the mandatory suspension, an individual may obtain a "restrictive license" for the remaining three (3) months, which allows an individual to drive to work and to the court approved alcohol program.  

In order to accomplish this, the individual must:

1. Show payment of a $100.00 re-issue fee to the DMV
2. File an SR-22 with the DMV
3. Show proof of enrollment in an Alcohol Program approved by the court.

Any violation of the driving restrictions will result in a violation of Vehicle Code section 14601.2. Any individual convicted of a violation of Code section 14601.2 will result in the following punitive action: " A first conviction will result in imprisonment in the county jail for not less than ten (10) days or more than six (6) months and the payment of a fine of not less than three hundred dollars ($300.00) or more than one thousand dollars ($1,000.00)."  for more information on DUI and DMV cases, click here.

Administrative Per Se Hearing - Four Important Questions

1. Did the police Officer have reasonable cause to believe the individual was driving a motor vehicle in violation of Vehicle Code section 23152, 23153, or 23140?
2. Was the individual placed under lawful arrest?
3. Was the individual driving a motor vehicle at .08% BAC or more?                                     
4. When happens when an individual refuses or is unable to complete an alcohol-screening test? As a California licensee, you are obligated to submit to a chemical test consisting of either a blood or breath test upon demand. Failure to submit to one of the above screening test could constitute a refusal. Therefore, an individual could lose their driving privileges for up to one year.

Mr. Wallin has many years of experience as a criminal defense lawyer and has been effective in helping individuals charged with driving under the influence (DUI) navigate the court process in securing a favorable outcome. Call today for a free consultation at 1-866-857-5900.

Contact us about your criminal defense matter!