The San Diego County DMV Process
In the event that one gets arrested for DUI in San Diego, the arresting officer will confiscate the driver’s license, and then issue the Administrative Per Se Suspension/Revocation Order & Temporary Driver License.
The pink-colored notice serves as the order to suspend the driver’s license and informs the driver of their right to an Administrative Per Se (APS) hearing. It also becomes the driver’s valid temporary license for the next 30 days. If the driver does not request an APS hearing within 10 days following the arrest, the license becomes automatically suspended. When a hearing is requested, a new temporary license is issued which grants the driver full driving privileges until a final decision is rendered on the hearing.
It is imperative that in this 10-day period that the driver obtain the services of a skilled DUI defense attorney. Once a lawyer is on board, he/she will be the one to make the request for the APS hearing, place a stay on the driver’s license suspension, and complete the discovery (investigation) needed to build a strong case for the defense.
The DMV Hearing
A Hearing Officer who represents the DMV will preside over the hearing, acting as both prosecutor and judge on several issues. The pertinent issues will depend on whether the licensee was a refusal, on DUI probation, and/or under 21 years of age.
The Hearing Officermarks exhibits into evidence including the arresting officer’s reports on the investigation in addition to blood alcohol results (if any), which the defense attorney will then object to and counter with his/her own evidence and witnesses. This is where the presence of a skilled attorney can greatly tip scales to the favor of the licensee.
After both sides have completed presenting their cases, the Hearing Officer reviews all evidence, testimony and facts to render a written decision. This decision either upholds the suspension or revocation of the driver’s license, or sets the suspension aside. The suspension length and eligibility for a restricted driver’s license is dependent on a number of circumstances: the number of actions the DMV has taken against the offender’s license in the past 10 years, if the licensee was on probation, if the licensee was under 21 years of age, and/or if the licensee refused to submit to a chemical test.
If you find yourself in a similar situation, take steps to protect your driving privileges by calling the DUI Professor today. Get the personalized fierce representation that you deserve!