DMV hearings are legally complicated administrative hearings. That’s why it’s you should hire an experienced attorney like DUI Attorney Richard Wagner.

Documents presented as evidence must be legally relevant. You must know the law and make legal objections.

You are entitled to a DMV hearing. The hearings are held at a Driver Safety Office. Not a DMV Field Office. There are strict deadlines. If you don’t request a hearing within 10 days you could be out of luck. But don’t worry. The Law Office of Richard Wagner has convinced the DMV to give clients late DMV hearings on some cases.

If the DMV can’t do the DMV hearing and make a decision before your temporary license runs out, you are entitled to a stay, or a pause, on the suspension. You also get an extension on the temporary driver’s license.

DMV Hearings – BAC .08%

If 21 or over, the 3 issues at your DMV Admin Per Se Hearing are:

1) Did the police officer have reasonable cause to believe you were driving a motor vehicle in violation of Section 23152, 23153 or 23154 of the California Vehicle Code?
2) Were you lawfully arrested or lawfully detained while on DUI probation?
3) Were you driving when you had 0.08% BAC?

Commercial driver license holders are professional drivers who operate large, heavy motor vehicles. You transport hazardous materials or vulnerable passengers. The law holds you to higher standard when operating motor vehicles requiring any class.

If you were a commercially licensed driver, or operating a commercial motor vehicle, or transporting hazardous material, you will be subject to a commercial disqualification action when the APS action becomes effective.

DMV Penalties – .08% BAC

First DMV Hearing, 4 month suspension.

Second or more DMV suspensions or DUI convictions within 10 years, 1 year suspension.

First Commercial Disqualification, 1 year.

Second Commercial Disqualification, Lifetime.

The Law Office of Richard Wagner helps you get a restricted license. Hire DUI Attorney Richard Wagner and get back on the road!

DMV Hearings – Refusals

If 21 or over, and accused of Refusing, the Hearing issues are:

1) Did the police officer have reasonable cause to believe you were driving a motor vehicle in violation of Section 23152, 23153 or 23154 of the California Vehicle Code?
2) Were you lawfully arrested or lawfully detained while on DUI probation?
3) Were you told your driving privilege would be suspended, or revoked for one, two, or three years if you refused?
4) Did you refuse a chemical test or PAS test (DUI Probation) after being requested to do so by a police officer?

DMV Penalties – Refusals

If the DMV rules you Refused, and this is your first DUI, the DMV will suspend your license for 1 year, with no restricted license available.

If the DMV rules you Failed to Complete the Test, and this is your second DUI, the DMV will revoke your license for 2 years. Or revoke for 3 years if you are on DUI probation, with no restricted license available.

If you Refused, and this is your third DUI within 10 years, the DMV seeks to revoke your license for 3 years, with no restricted license available.

First Commercial Disqualification, 1 year.

Second Commercial Disqualification, Lifetime.

DMV Hearings Under 21

The Zero Tolerance Law: If under 21 at the time of your first DUI, the DMV aims to suspend your driving privilege for 1 year.  You can apply with the DMV for a critical need restricted license, unless you refused to take the PAS test.

The DMV must prove these issues at the DMV Hearing for those under 21:

1) Did the police officer have reasonable cause to believe you were driving a motor vehicle in violation of Section 23136 of the California Vehicle Code?
2) Were you lawfully detained?
3) Were you, while under the age of 21, driving with a BAC of 0.01% or greater, as measured by a preliminary alcohol screening (PAS) device?

An officer cannot stop a person to investigate for driving under the influence or any other crime without a valid reason. The facts are necessary because probable cause to stop/investigate is a part of the lawful arrest issue.

Sometimes a lawful arrest can be a confusing area.

If pulled over for DUI, contact The Law Office of Richard Wagner, A Professional Corporation, to get your DMV Hearing set up, avoid the automatic suspension of your driver’s license, help you get a restricted license, call 714-721-4423. FREE CONSULTATION.

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