California is known for its extremely strict laws for DUI offenses. Any driver that is suspected of committing a DUI offense can be pulled over and asked to submit to a blood alcohol test required under legislation. If the test is refused or the results are above the state maximum percentages, an arrest can be made on the suspicion of a DUI. A driver that is arrested must immediately submit their license to the arresting officer for DMV notification of suspension.
After a suspension has taken place, every driver has 10 days to request a DMV or administration per se (APS) hearing. This hearing is separate from a trial and is designed to review the facts of your arrest and to make the determination if your license will be reinstated or remain suspended after the expiration of 30 days. This hearing is scheduled in advance of the actual court date for your DUI offense and can be attended by you and your legal counsel.
The sole purpose of the DMV/administration per se hearing is to have the ability to regain your driving privileges after imposed suspension. Every DMV hearing is attended by an appointed DMV officer that will use any and all information about a DUI offense in making the determination to reinstate your driving privileges. This may include reviewing police and arrest reports and a review of your driving history.
Any driver that does not request a DMV/administration per se hearing within 10 days after arrest will be forced to live with a suspended license until the outcome of a trial. Every driver has the legal right to request a hearing and defend their position to legally drive. Timely scheduling of this hearing may mean the difference between lost employment, wages and your future ability to drive.
Los Angeles county has a new pilot program to require any driver that is convicted of a DUI to install an Ignition Interlock Device (IID) to the dashboard of any owned vehicle that is used for any type of transportation. A first or repeat offender will be ordered by a judge to have these units installed that will randomly test blood alcohol levels from breath samples while a person is driving.
If you have been charged with DUI, you need an experienced attorney by your side. At Traffic Ticket Justice we can provide you with the legal assistance you need, anywhere in California.