Consequences of a DMV Hearing
The consequences of a DMV Administrative Per Se (APS) Hearing can range from nothing to harsh suspensions and revocations. With the help of a California criminal defense attorney with vast experience in DUI / DWI cases, the consequences of these hearings will most likely be limited.
The first thing to know about the consequences of Department of Motor Vehicles hearings is that unless you request a hearing within ten (10) days of your arrest, a process will begin to have your driver’s license automatically suspended and you may never get a DMV hearing.
One of the possible consequences of a Department of Motor Vehicles hearing can be the case being set aside. This is the best option, and means no action will be taken against the driver’s license.
A second consequence is that a driver’s license will be suspended, revoked, or restricted. The length of suspension depends upon several factors including how many DUIs the driver has had over the past ten (10) years. The more past violations, the longer the suspension will be. First-time offenders are generally treated with the most leniency.
If a driver’s job requires on-the-job driving, or if a driver cannot get to work unless they drive there, the APS judge may restrict the license to limit driving privileges to going back and forth to work and to court. If the circumstances of the DUI / DWI are grievous or if the driver is a repeat offender, restrictions may not be granted.
Furthermore, a driver may be required to file formal proof of insurance with the DMV. This is done with the filing of an SR-22 form. When one is required to make this filing, one’s insurance company will be made aware of the violation automatically.
Consequences of refusal to submit to a chemical tests after being arrested will result in an automatic one-year suspension unless a DUI / DWI defense attorney can illustrate that there was no refusal. If the driver has a prior drunk driving conviction and refuses, the suspension will be for two years. Two prior DUIs plus a refusal to submit to a test on the third arrest will result in a three-year suspension. For a previous offense to count, it must have occurred within ten (10) years of the current driving under the influence arrest in California.
Consequences of DMV hearings may be harsh. It is best to have a California criminal defense attorney with vast experience in DUI / DWI cases on your side if you want to minimize the consequences against your driver’s license. Seek a free evaluation from The Kavinoky Law Firm if you want to fight the Department of Motor Vehicles and protect your driving privileges.