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Legal Options: Keeping Your Driver’s License in California After a DUI Arrest

Legal Options: Keeping Your Driver’s License in California After a DUI Arrest

According to an August 2017  KTLA report, five people were injured following a police chase in Covina. This according to the Los Angeles County fire officials. Sheriff deputies were in pursuit of a driver allegedly driving under the influence of alcohol and/or drugs near Barranca Avenue and Cienega Avenue.

The crash happened about 8 p.m. on a Friday night. The alleged DUI driver was traveling westbound on Cienega Avenue when they allegedly collided with a second vehicle. The second vehicle was traveling southbound on Barranca Avenue.

Two vehicles were involved in the car crash. Included in the victim's injuries was one person in critical condition. The suspect was found unconscious. They were later transported to an area hospital.

The outcome of the criminal case will not be known for some time. It is also not known whether the driver suspected of DUI will lose their driving privileges in a DUI administrative hearing.

What is an Administrative Per Se Hearing in California?

An administrative hearing is a separate hearing from any criminal hearings involving an alleged driving under the influence criminal charge. It determines if a driver will be allowed to keep their driving privileges.

During a DUI contact, a police officer will give the driver a pink temporary driver license good for 30 days.  It also advises them that the DMV intends to suspend their driver license. The paper gives the driver 10 days to contact California Department of Motor Vehicle to request a hearing. The hearing will prevent the driver’s license from being suspended automatically for the 30-day period.

The hearing does not include a prosecutor or judge. Instead, it is involves the driver, driver’s administrative advocate and a hearing officer from the DMV.

The Evidence the DMV Looks for in an Administrative Per Se Hearing in California

To take a driver’s license away requires a  DMV hearing officer to look for answers and consider evidence for at least three primary questions:

Was the driver lawfully contacted by a law enforcement officer and found to be driving in violation of the Vehicle Code?

Was the driver lawfully arrested for DUI?

Was the driver operating a motor vehicle with a blood/alcohol concentration of .08% or greater. 

The Outcome of an Administrative Per Se in California

If the three primary issues are answered in the affirmative, the presiding hearing officer will  uphold the suspension of the license. The suspension goes into effect on a specific date determined by the DMV.

Contact California Drivers Advocates for Help with Your Administrative Per Se Hearing

Now is not the time to panic about the potential loss of your license.   It is time to fight at your Administrative Per Se hearing. Our team of expert DMV Defense Advocates will focus on fighting to keep your driver license valid. The hearing officer is looking for a reason to suspend your license. We will represent you at your hearing to protect your legal rights and driving privileges. Contact us today.

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California Drivers Advocates


Our team of professionals has been representing drivers at all forms of DMV hearings for decades.  Also, DMV Defense is the only thing that we do.  We know the process and we know what it takes to be successful at beating the DMV. We will examine documents, interview witnesses, and subpoena additional evidence; such as audio and video tapes.  We will subpoena breath testing logs and medical documents.  In some instances we may subpoena the police officer to appear for cross-examination.  It is our policy to prepare for and conduct your hearing similar to a “mini-trial.”   Trust our DMV Defense Experts to get the job done correctly.  A less experienced... View full business profile here: California Drivers Advocates





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