DMV Administrative Suspension: How It Works (Part 2 of 2)

DUI Lawyer in Orange County

After the officer arrests a driver for DUI and gives the driver the pink piece of paper, which acts as a temporary driver’s license, notification of license suspension, and notification of the right to a  DMV hearing,  the arresting officer completes another part of the DS367 called the “Officer’s Statement”. (The driver’s  DUI Lawyer in Orange County will get a copy of this later on) This form contains the basic information that the DMV hearing officer will need in order to suspend the driver’s driving privileges, including the breath test result (if there was a breath test) and the statement of probable cause (a factual narrative of the stop). The DS 367 Officer’s Statement must be signed under penalty of perjury by the officer and forwarded to the DMV, along with the arrest report.

Once the DMV receives all the documents from the arresting officer, it will forward a copy of the documents to the driver’s Orange County DUI Attorney if a hearing has been requested. The DMV will also conduct an automatic administrative review to determine whether the documents present sufficient grounds to suspend the driver’s driving privileges. If, for example, the driver’s blood-alcohol level was below a 0.08%, then there will be insufficient grounds for suspension and the DMV will issue a “set aside”, meaning the DMV will not suspend the license at this point. This is often the case in a  DUI drugs.

The DMV will also check to see if the driver has any prior DUI’s or prior license suspensions for drug or alcohol related driving within the past 10 years. (this point may be argued by the driver’s Orange County DUI Lawyer) If there are no priors, the driver faces an administrative suspension for four months. If, however, the driver has one or more prior suspensions or has refused to take a blood or breath test, they face a one-year administrative suspension. (A driver with one or more prior suspensions faces a two to four year revocation upon conviction of a DUI in court).

The administrative hearing for all DUI arrests in Orange County are conducted at a special DMV facility, called the Driver Safety Office, in the city of Orange. The issues at the administrative hearing are as follows:

1)      Did the officer hade reasonable cause to believe the driver was driving a vehicle in violation of Vehicle Code Section 23152 or 23153 (DUI or DUI with injury);

2)      Was the person lawfully arrested; and

3)      Was the person driving a vehicle with a blood alcohol concentration of 0.08% or more.

If the driver was arrested for refusal, the first two issues remain the same and the third issue is replaced by the following two issues:

3)         Was the person properly advised of the consequences of the refusal; an

4)         Did the person refuse to submit to, or fail to complete, the test.

If you have been arrested for DUI and would like some advice call the Law Offices of EJ Stopyro at (949) 559-5500. We are experienced Orange County DUI lawyers and would be happy to consult with you for free. Or visit our website at www.EJEsquire.com.

Orange County DUI Attorneys