Los Angeles DUI Lawyer Blog

A DMV hearing is a hearing held before the DMV regarding your driving privileges. It helps to determine how long your license will be suspended or revoked. The DMV hearing is held separately from your DUI hearing before the judge so as to ensure that you are not deprived of your rights without having been heard. The DMV hearing is an administrative hearing and will not determine whether or not you were guilty of a criminal act and is independent from your case in front of the judge in the criminal court.

At the DMV hearing the issues that will be raised will depend on whether or not you took a test at the time of your arrest. If you took a blood, breath or urine test the issues decided upon at the time of the DMV hearing will focus on the factors driving the arrest. The officer will discuss whether the officer had reasonable cause to believe that you were driving in violation of appropriate vehicle code sections, whether it was a lawful arrest, and if you were driving with .08% or more alcohol in your blood by weight.

If you refused to take a test at the time of arrest the issues discussed at the hearing will be similar for the most part. The officer will consider whether the officer had reasonable cause to believe you were driving in violation of appropriate sections of the vehicle code and whether it was a lawful arrest. In addition, it will be determined if you refused to take the test after you were asked to do so by an officer and when refusing you were informed that a refusal or failure to complete a test will result in your license being suspended for a year or revoked for two to three years when you refused to take the test.

A DMV hearing is not required, and is done at the request of the defendant. The request must be made promptly and in a timely manner as dictated by law, otherwise the right to a hearing is lost. Due to the urgency of the situation it is best to consult a California DUI lawyer immediately following your arrest so you don't miss the opportunity to be heard.

The hearing will determine where you stand with your driving privileges. During a DMV hearing, the officer has the power to set aside a suspension or revocation and in certain situations a restricted license may be granted. Therefore, a strong argument and defense must be prepared in order to ensure the least possible suspension or in certain cases revocation. Experience in dealing with DMV officers and administrative hearings is valuable when it comes to something as significant as your driving rights. Go into the hearing well equipped with all the facts and a strong defense and after consulting someone who has the knowledge and skill to help you keep your license.

Information taken from:
California DMV

Just about a month into the New Year, we learn that the California Highway Patrol is taking a no nonsense approach to Drunk Driving. On New Year's Eve between 6 P.M and 6 A.M, the CHP arrested 108 drivers who were found to be intoxicated over the legal limit in Los Angeles County alone. This number has jumped up by 20 arrests since last year. These arrests include only those that were made by the CHP. The actual number arrested is higher when all local police departments are taken into consideration.

These numbers are from a single night, and when taken alone seem to be tolerable for a huge city like Los Angeles. However, there were seven fatalities in the county alone on that one night. That is seven people who lost their lives due to a careless decision, and innumerable amount of people who lost someone from their lives. The statistics from New Years Eve in Los Angeles County are analogous to those seen around the State of California. Government officials have not only taken notice to the alarming numbers increasing year after year, but are taking drastic actions to deter offenders and help protect the public.

Governor Arnold Schwarzenegger in a speech given on October 13, 2009 at the signing legislation AB 91 explained that it was crucial that we cut down on drunk drivers as it is becoming a serious problem in California. He noted that last year alone there were 1,335 DUI related fatalities and it was "inexcusable" that on a daily basis law enforcement arrested about 550 different drunk drivers which came out to more than 200,000 arrests a year. He further commented that he found it "outrageous" that 25% of these offenders were repeat offenders. As a result he has increased the amount of checkpoints, introduced new legislation and increased penalties to help decrease the growing problem.

Senator Bob Huff enthusiastically supported the Governor's concern by stating that there are 310,000 drivers on the roads in California that have has three or more DUI convictions and 44,210 have had five or more.

Don't be the one that gets arrested for a DUI this year especially with new legislation and more severe consequences. With changes being made, make the right decision after the fact. Understand the severity of the arrest, the impact it will have on all facets of your life and seek the appropriate legal help.

Every driver arrested on suspicion of driving under the influence of alcohol or drugs in California with a blood alcohol level of .08% or greater, or those refusing to take a chemical test by a peace officer, face suspension of their driving privileges between four months on a first offense DUI, to three years for a third offense.

Every driver arrested on suspicion of driving under the influence with a .08 or over, or those refusing to take a blood-alcohol test are all subject to the Department of Motor Vehicles commencing immediately allow action to suspend your driving privilege. This action which is called an administrative per se suspension proceeding gives notice to drivers of the departments intent to suspend a driver's license as a result of their arrest.

For over 10 years the Legislature has enacted what is commonly referred to as a stop and snatch law. This law authorizes police officers to physically snatch or take a DUI suspects Drivers License and forward it to the DMV to commence suspension proceedings.

A temporary drivers license is issued to the driver which contains important notice about DMV laws and procedures including the most important which is the requirement drivers request a hearing within 10 days of the date of arrest to contest the impending suspension action.

A DUI and DMV attorney can protect your valuable drivers license from being suspended. There are many legal and procedural defenses which are attorneys use to fight the DMV every day and save our clients freedom to drive.

The decision to suspend or not suspend your drivings license is based uopn whether the police had probable cause to stop you and whether you had a BAC (Blood Alcohol Level) of .08% or more. An experienced Dui And DMV Specialist can fight the DMV to save your license.

The police start building a case from the moment they first see a vehicle that draws their attention. Officers are required to have probable cause to stop a vehicle. In a DUI case that usually means that the officers must observe one or more Vehicle Code violations like speeding, lane straddling, talking on your cell phone, following too close, seatbelt violations, failing to stop for a stop sign or light and other similar violations.

Although my clients often question or disagree with the police officers observation of a violation, one is required for a valid stop. Most people aren't aware that one of the guidelines that the police use to determine a drivers impairment is their ability to promptly produce their drivers license, insurance and registration. A drivers response to this request is frequently a source of the officers observation of impairment by the driver.

Having practiced as a DUI Specialist for over 30 years, I have become increasingly aware of my client's misunderstanding of the law regarding what is required,and what is not required by a driver stopped on suspicion of driving under the influence.

The law does not require a driver stopped on suspicion of driving under the influence to answer questions asked by an officer, other than to provide personal information regarding their identity, address, and drivers license, registration and insurance information. Once a criminal investigation has focused on an individual suspect, they have a constitutional right to remain silent and not make statements that may incriminate themselves. Unfortunately, many drivers during a police investigation make statements that unnecessarily worsen their situation and help the officers build a stronger case against them.

The law also does not require a driver in this situation to admit to drinking or using drugs. There is no reason to make such admissions regardless of whether that is true or not. Suspected DUI drivers are frequently asked by officers to submit to a Preliminary ar Alcohol Screening Test at the scene of the stop. This test is not required by law and eventhough most of my clients feel that they would pass these tests, that is often not the case. This also builds further evidence as to the level of alcohol in the driver's bloodstream.

Statements indicating that you're coming from a bar or nightclub also are not necessary. Clients often feel that the Field Sobriety Tests or coordination tests will prove to the officers that you are not impaired. Client rarely pass these difficult and challenging coordination tests and it provides the officers with additional confirmation of the drivers impairment.These tests are also not required by law and therefore we would not recommend drivers in this situation providing officers additional opportunities to build a sronger case against you.

When a driver is stopped on suspicion of driving under the influence, the Law in
California DOES require a driver to submit to a Breath or Blood Test to determine the alcohol content in their bloodstream. This is a legal requirement and failure to complete one causes greatly increased penalties, including mandatory jail time and a much longer period of License Suspension. In our experience a Breat Test is preferable to a Blood Test since it is somewhat less reliable.

Be polite, respectful and cooperative with the police. Don't engage in a conversation, but merely answer those questions and do those things as outlined above.

Don't help the police build a stronger case against you. By following these practical tips, you can really help the police build a weaker case. Know your legal rights and protect yourself by excercising your Constitional Rights !!!

As of July 2010, there will be a lot more at stake for those convicted of Drunk Driving violations. Prosecutors in Los Angeles County and three Northern California Counties will require repeat offenders convicted of driving offenses involving alcohol to install into their vehicles an Ignition Interlock Device. The law will be effective until January 2016 with additional limitations for second and third time offenders to follow later this year.

The Ignition Interlock Device is a device that is installed into the dashboard of a car and requires that the driver blow into the machine before the car can be started. The Ignition Interlock Device will not allow the car to start if the amount blown into the device registers a blood alcohol level over a preset limit. Often the device will require that rolling tests be performed. This means that the device will ask for the driver to blow into the device after he or she has started driving at five to thirty minute intervals. This will ensure that the driver does not have a sober friend blow into the device for them, or they do not start drinking after they have started the car and begun driving. The device will store all results of tests which can be downloaded and provided to law enforcement. Monthly maintenance is required on the device to ensure that it has not been tampered with and to download reports and document the amount of failed tests.

In addition to being a hassle for the driver, an Ignition Interlock Device will be quite costly. The expense of maintenance, installation and rental will fall upon the Driver. Although prices will vary, one can expect to pay a rental fee from $70 to $100 along with an installation fee of $100 to $200 and extra expenses can be expected. These devices are often required to be maintained for about one to three years or for as long as the driver attends an alcohol program.

Although over the years Judges have intermittently required installation of the Ignition Interlock Devices, it appears that the trend is towards making repeat offenders install these devices. There is still uncertainty as to the actual implementation of the proposed programs, which remains far from uniform. Good arguments can be made for you to avoid installing the device. For example, if you can prove to the court that the vehicle is not registered under your name, you may be able to avoid its installation. This will help avoid the nuisance of installing the device in your own vehicle, especially if you use a company car. Additionally, it will prove to be inconvenient and often embarrassing during carpools and other social outings. Please be aware of these recent changes in legislation for these new requirements for repeat offenders. Learn the facts and details and be prepared before the law comes into effect.

Information taken from:
New driving laws take effect in 2010 , Southern California Public Radio, February 9, 2010
Tougher driving laws, higher fees enacted statewide this year, Valley News, January 8, 2010
Ignition Interlock Device

Have you ever heard the saying... you don't really appreciate something until it's gone. You soon realize that having your drivers license suspended by the Department of Motor Vehicles immediately shakes your world. When you realize that having a drivers license is a privilege, not a right. The three most common ways my clients qualify for the drivers license to be suspended are:

1. DUI and having a blood alcohol level of .08% or more.
2. Being determined by the Department of Motor Vehicles to be a negligent driver by being convicted or pleaded guilty to violations that result in your getting four points in a 12 month period or six points within a 24 month period.
3. Failing to appear for a traffic violation or other traffic related misdemeanor.
4. Failing to pay your fines or fees to the court for a traffic violation or other traffic related misdemeanor after promising to do so.

Promptly hiring an experienced traffic court lawyer who specializes in clearing up or avoiding the DMV suspensions can prevent your valuable drivers license from being suspended or revoked.

Each of the above categories which may have caused a license suspension require different skills and procedures for clearing them up and creating an opportunity for our clients to have their driving privileges fully reinstated.

Tearing up the above issues in a timely fashion can avoid jail time, costly and greatly increase fines and preventing the loss of that all too important drivers license which gives us the freedom to live and work in California.

I am frequently asked by clients and people I meet if it is advisable to refuse to take a chemical test either breath or blood is stopped on suspicion of driving under the influence of alcohol or drugs (DUI). In my practice as a DUI specialist for over 30 years, I am frequently told that people think that it is better to refuse to submit to a chemical test after drinking to keep the police from having any physical evidence of those suspected of having a .08 % or over (the legal limit in California).

While that would seem true to many people, the DUI laws regarding refusals have legislated serious consequences for those failing to complete a chemical test to determine the alcohol content in their blood.

California state law requires that those persons stopped on suspicion of driving under the influence are required to submit to a breath or blood test when requested to do so by a police officer after a vehicle stop. Failure to comply with the officer's request mandates 48 hours in jail and a one-year license suspension. These severe consequence are for first offender DUI cases. The penalties for second and third offense cases is substantially greater.

In addition to the use serious penalties, the legislature all has also authorized the Department of Motor Vehicles to suspend one's driver's license for a minimum of one year if it is been determined that a DUI refusal has occurred. All of alleged DUI drivers should retain the services of a skilled and aggressive attorney to challenge these refusal allegations by requesting a timely hearing within 10 days after their client's arrest. Failure to request such a hearing will waive your right to contest this issue and the DMV will impose this serious sanction

Therefore, with the valuable experience of representing thousands of clients faced with this additional aggravating circumstance, We pass out this valuable piece of advice. We recommend that those clients faced with this choice should submit to a chemical test regardless of how high or low you perceive your alcohol level to be and abide by this law to avoid substantially higher potential penalties for refusing to commit to a chemical test.

Beware of the presence of the Los Angeles Police Department using hundreds of DUI checkpoints throughout the City of Los Angeles.

Over the past 10 years since these random Checkpoints were first introduced, the Police have extended these checkpoints throughout the city at locations focusing on intersections selected for their high incidents of traffic accidents and perceived DUI drivers.

DUI checkpoints do not require the police to justify any vehicle stop. This is an exception to the legal requirement of probable cause (i.e. violation of any vehicle code section) to make the stop of a vehicle lawful and valid.

While DUI checkpoints have been upheld as legal by the Supreme Court of the State of California, controversy stills swirls about the fairness of these stops. Beware of their possible presence after drinking. if you are stopped, you should not admit to drinking any alcohol regardless of what the police officer thinks. Also, don't agree to submit to any field sobriety tests (coordination test done at scene). These FST's although commonly requested by the police when a driver has been stopped on suspicion of Driving under the influence.Tthese tests are not Required By Law.

The Law DOES require any driver suspected of driving under the influence of alcohol and /or drugs to submit to a Breath or Blood Test to determine the alcohol or drug content present.

Therefore, do not refuse to submit to a Breath or Blood Test. The penalties are much harsher for refusals than they are for drivers taking a Breath or Blood Test, even if the results are much higher than the legal limit. Such penalties may include mandatory jail sentences and lengthy license suspensions.

Remember, be safe and don't help the police build a case against you if you find yourself stuck at a DUI Checkpoint.