In most
cases of a first-offense DUI arrest, the biggest hardship to the person arrested
is the loss of their driver’s license. And one of the most common questions we DUI Lawyers in Orange County hear is whether there is a way to
avoid a license suspension. Unfortunately, in most cases, there
is no way to avoid losing your license.
First of
all, you, or your DUI Attorney, must request a DMV hearing within ten days of the arrest. If no hearing is
requested, your license is history and there is virtually nothing that can be
done. But assuming that you do request the DMV hearing (called an “APS” hearing
for “Administrative Per Se”) you still have to win it in order to keep your
license. This can be very difficult because the DMV hearing is a civil
proceeding. This means that you are not entitled to a jury of 12 of your piers
to decide if the DMV has met its burden. Moreover, the DMV’s burden is much
lower than the criminal standard of proof-beyond-a-reasonable-doubt. In a civil
case the burden is a “preponderance” of the evidence. This is a much lower
standard and far less evidence is required to reach it. And, at the DMV, the
DMV employee gets to sit as both prosecutor and judge. Doesn’t sound very fair,
does it?
all, you, or your DUI Attorney, must request a DMV hearing within ten days of the arrest. If no hearing is
requested, your license is history and there is virtually nothing that can be
done. But assuming that you do request the DMV hearing (called an “APS” hearing
for “Administrative Per Se”) you still have to win it in order to keep your
license. This can be very difficult because the DMV hearing is a civil
proceeding. This means that you are not entitled to a jury of 12 of your piers
to decide if the DMV has met its burden. Moreover, the DMV’s burden is much
lower than the criminal standard of proof-beyond-a-reasonable-doubt. In a civil
case the burden is a “preponderance” of the evidence. This is a much lower
standard and far less evidence is required to reach it. And, at the DMV, the
DMV employee gets to sit as both prosecutor and judge. Doesn’t sound very fair,
does it?
Lets assume
that you and your Orange County DUI Lawyer do prevail at the DMV hearing. Well,
that’s still not the end of it. Because if you plead guilty to a DUI in court,
or are found guilty of DUI at a trial, then the court must immediately report
the conviction to the DMV. Once the DMV is notified of the conviction, the DMV
is commanded by the California Vehicle Code to issue a conviction suspension.
This is a six-month suspension for a first-offense DUI and a two-year
suspension if you have any prior convictions for drunk driving or wet reckless.
that you and your Orange County DUI Lawyer do prevail at the DMV hearing. Well,
that’s still not the end of it. Because if you plead guilty to a DUI in court,
or are found guilty of DUI at a trial, then the court must immediately report
the conviction to the DMV. Once the DMV is notified of the conviction, the DMV
is commanded by the California Vehicle Code to issue a conviction suspension.
This is a six-month suspension for a first-offense DUI and a two-year
suspension if you have any prior convictions for drunk driving or wet reckless.
So, in a DUI
case, the only way to keep your license is to prevail at the DMV and in the
Orange County Superior Court. If you’ve been arrested for DUI, DUI drugs or DUI with injury and would like to consult with an
experienced DUI Lawyer call The Law Offices of EJ Stopyro at (949) 559-5500. Our main office is located at 32072 Camino
Capistrano, 2nd floor, San Juan Capistrano, CA 92675. However, we
have meeting offices throughout the county. You can also visit our website at www.EJEsquire.com.
case, the only way to keep your license is to prevail at the DMV and in the
Orange County Superior Court. If you’ve been arrested for DUI, DUI drugs or DUI with injury and would like to consult with an
experienced DUI Lawyer call The Law Offices of EJ Stopyro at (949) 559-5500. Our main office is located at 32072 Camino
Capistrano, 2nd floor, San Juan Capistrano, CA 92675. However, we
have meeting offices throughout the county. You can also visit our website at www.EJEsquire.com.
Thanks for the information. It's so embarrassing to have to defend yourself from a DUI. For me, it was even hard to pick up the phone and ask someone for advice. I felt so ashamed. Glad you provided this blog, and I hope you will keep up the good work.
ReplyDeleteThe reason for the confusion is the fact there are no standard penalties for DUI, and too much grey area. I was in court one day and saw two people with their first DUI charges, the one with a lawyer got probation, the one with no lawyer lost his license 6 months. That should give you an idea how things work in court.
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