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Felony DUI Criminal Defense


The Complete Los Angeles DUI DMV Hearings Guide

DMV hearings in Los Angeles are a crucial part of an individual’s convictions. For starters, the DMV can perform a license revocation until further notice. In mild natured cases, a temporary ban of 10 – 30 days can also be imposed on the driver’s license. This temporary hold is often taken as a “grant” or a short lived freedom, where an offender feels free to roam around as much as possible. For people who don’t know much about DMV hearings or those who want to reinstate their suspended driving license, this article is going to spread a little bit of knowledge regarding many complicated matters.

How to Properly Handle DMV Hearings?

In case of a DUI arrest, or a DUI charge imposition, a client needs to schedule DMV hearings within 10 days of the incident date. The 10 to 30 days rule is a mandate. It is supposed to be followed if the offender wishes to get his license back in time. Failure to abide by these laws, under the Los Angeles Vehicle Codes, the DMV can and will extend the license suspension duration to 90 days. – The right to a DMV hearing is automatically waived if the DUI offender or Los Angeles DUI defense attorney doesn’t comply within the time limit.

Issues Discussed During DMV Hearings

    • a. Did the officer at time of the arrest have the reason to believe that the driver was violating Vehicle Code Laws (23152, 23153, 23140)
    • b. If the respondent was placed under arrest, was it of lawful nature?
    • c. The age of the respondent when the arrest was made?
    • d. Actual level of BAC taken during the FST that day?
If it is found out during DMV hearings that the individual refused to take a field sobriety test, it may give a positive leverage to the situation. Since the test was not taken, the police will not be able to present solid evidence in court.

What to do after the Hearing is Over?

Depending on the outcome of the hearing, the next move is to get the license back. If a revocation period is in question, you will have to wait for it to expire. According to California laws, a small fee of $125 may be required whenever the license needs to be obtained. If your case was suspended because of the Zero Tolerance Law and VCS 13388, 13353.1, 23136, 13392 – you will not be required to submit a fee for license recovery after the DMV Hearings. Under such circumstances, a minor can refuse to take chemical alcohol tests. Since 1999, Los Angeles DUI laws have stopped considering the legitimacy of a urine test. If the respondent can prove his/her innocence through medical reasons which include, but are not limited to, hemophiliac attacks and a record of taking anticoagulant medication, the chemical test results don’t stand valid. For further clarification concerning DMV hearings, don’t hesitate in contacting our Los Angeles Drunk Driving Attorney at Downtown LA Law today.

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