DUI Administrative Per Se Hearings
Both the Department of Motor Vehicles and the Courts have the power to suspend your California Driver’s License. When charged with a Driving Under the Influence charge [23152(a) and/or 23152(b)], the DMV will be the first agency to restrict your liberties. If you do not request a hearing within 10 days of the date of your arrest, the DMV will automatically suspend your Driver’s License for 4 months. Unless you have an attorney to represent you at your DMV hearing, you will not be able to present a good defense.
The DMV is the judge, jury and executioner at this hearing. Without the presence of an attorney, you will be unable to object to the admission of certain pieces of documents that make the DMV’s case against you. If these documents are admitted into evidence, the DMV need not do much more to suspend your driver’s license.
If the DMV determines that you were operating a vehicle with a blood alcohol concentration or your blood alcohol level of 0.08%, or more by body weight, it will take action against your driver’s license. The suspension is enhanced when you refused to submit to a chemical test or breath test. Under both California Law and as a condition of obtaining a California Driver’s License, you must submit to either a breath or blood test, if a police officer has probable cause to believe that you were driving under the influence of alcohol. If you are arrested for suspicion of driving under the influence of drugs, you must submit to a blood or urine test. If you refuse such a test, your license will be suspended for one-year.
When charged with a DUI, you must contact the DMV to set an administrative per se hearing within 10 days; otherwise you will not have a license for at least 4 months.
If either you or a loved one has been charged with a DUI or has an Administrative Per Se Hearing with the Department of Motor Vehicles, it is imperative that you have an experienced attorney to help you to preserve your privilege to drive. For a free telephonic consultation and evaluation of your case, please contact us at (714) 955-8365.
Negligent Driver Hearings
If you accrue 4 or more points on your California Driver’s License in 12 months, six or more points in 24 months, or eight or more points in 36 months (or 6 points or more in 12 months, 8 or more points in 24 months, or 10 points or more in 36 months, if you are a commercial driver), you will be subject to a Negligent Driver Action by the DMV. Points are accrued when you are convicted of traffic violations and/or involved in traffic collisions. If you do not contact the DMV in the time allotted (14-days), your license will be subject to suspension. CVC 12810.5
Once you have requested a Negligent Operator Hearing with the Department of Motor Vehicles, you must demonstrate that the points accrued on your California Driver’s License, were not necessarily your fault. Even if you have been convicted of speeding violations or deemed at fault during accidents, you may still be able to attack those points. Upon the completion of a Negligent Operator Hearing, you may be eligible for a probationary license. However, you need an experienced attorney to help you to present your arguments to the Department of Motor Vehicles and preserve your privilege to drive or to obtain a probationary license.
Unfit Driver Hearings
The Department of Motor Vehicles can also suspend or revoke your California Driver’s License when it is informed by a physician or other qualified medical provider that an individual is medically unfit to drive. The basis of this hearing is that the individual’s ability to drive is either a danger to himself or to others.
Mr. Nosratabadi has represented hundreds of drivers in Unfit Driver Hearings. By submitting positive results from independent physicians and proof of completion of defensive driving courses, Mr. Nosratabadi has been able to preserve his clients’ privilege to drive.