San Jose DMV Hearing Attorney
A San Jose, California DUI arrest can result in criminal penalties. However, it can also result in an administrative license suspension. Therefore, you must take immediate action to request a California Department of Motor Vehicles (DMV) hearing to protect your driver’s license.
At Ahmed & Sukaram, Attorneys at Law, our San Jose DUI lawyers have protected the rights of clients throughout the Bay Area since 2005. Our criminal defense attorneys have over 30 years of combined legal experience. We have won over 3,000 cases since we opened our law firm.
How Ahmed & Sukaram, Attorneys at Law, Can Help With a DMV Hearing
Our California State Bar Certified Specialist in criminal law can represent you at the DMV hearing and in criminal court. You can trust that you’ll receive trusted, skilled legal advice. Our attorneys at Ahmed & Sukaram, Attorneys at Law, have been recognized as Rising Stars, Top 100 Trial Lawyers, and Top 40 Under 40.
When you hire our San Jose DUI lawyers, you can expect us to:
- Investigate the DUI arrest to determine if the police officers violated your legal rights
- Analyze the state’s evidence against you
- Hire expert witnesses to challenge the results of chemical tests as necessary
- Interview witnesses and gather evidence
- Advise you of your legal options, including negotiating a DUI plea bargain
- Aggressively represent you in court to pursue all available DUI defenses
Learn more about how we help clients fight for their driving privileges at a DMV hearing and fight DUI charges. Call now for a free consultation with an experienced DUI attorney in San Jose, CA.
What Is a DMV Hearing in a San Jose DUI Case?
When a police officer arrests you, they will give you a Notice of Suspension. The Notice of Suspension informs you of your rights regarding a DMV hearing.
After a DUI arrest, you have 10 days to request a DMV hearing. The hearing determines if the DMV will administratively suspend your driver’s license. The hearing is also referred to as an ALS (administrative license suspension) hearing.
If you do not request a DMV hearing without 10 days, the DMV automatically suspends your driver’s license 30 days after the DUI arrest.
It is important to remember that a DMV hearing is separate from a criminal case. The suspension by the DMV stands regardless of the outcome of your criminal court case. Therefore, you could lose your driving privileges even if the DUI charges are dismissed.
How Long Can My Driver’s License Be Suspended at a California DMV Hearing?
If you are over 21 years old and your chemical test showed a blood alcohol content (BAC) above the legal limit, your license is suspended for four months for a first offense. A second or subsequent offense within 10 years results in a one-year driver’s license suspension.
California has an implied consent law. If you refuse a chemical test after a lawful DUI arrest, the DMV can suspend your driving privileges for one year for a first offense.
A second offense within 10 years results in a two-year driver’s license revocation. A third offense within 10 years causes a three-year revocation of your driver’s license.
What Are My Rights at a San Jose DMV Hearing?
A DMV administrative per se hearing is held at the Department of Motor Vehicles location. A DMV hearing officer conducts the hearing and represents the department. You have specific rights at the hearing:
- Be represented by a San Jose DMV hearing lawyer at the hearing
- Present evidence, including offering documents, subpoenaing witnesses, and testifying on your own behalf
- Challenge and review the evidence presented by the department
- Cross-examine the arresting officer and other witnesses for the DMV
The department has the burden of proving your BAC was above the legal limit or you were driving under the influence of alcohol and/or drugs. It must also prove that the officer made a lawful arrest.
Unfortunately, the burden of proof at a DMV admin hearing is much lower than the state has during a DUI trial. Therefore, the DMV officer only needs to be convinced there is a greater than 50% chance you were driving under the influence to suspend your driver’s license.
What Happens After a DMV Hearing in San Jose?
The DMV hearing officer does not decide if you are guilty of drunk driving. Instead, the hearing officer determines whether there is sufficient evidence to suspend your driving privileges. The DMV hearing officer will:
- Suspend your driver’s license
- Set aside the notice of suspension to reinstate your driving privileges
- Revoke your driver’s license
You may file an appeal if you disagree with the DMV officer’s decision. However, you must pay the fees and costs for filing the appeal.
The best way to avoid losing your driver’s license is to request a San Jose DMV hearing and hire an experienced DUI defense lawyer as soon as possible.
Schedule a Free Consultation With Our San Jose DMV Hearing Lawyers
You have the right to defend yourself at the DMV hearing and challenge the evidence against you. Contact our office today to schedule your free consultation with our San Jose DMV hearing attorneys.
You can also contact a DUI attorney in Redwood City.