The Lawyers Other Lawyers Go To To Defend Them (213) 542-0963


Should I Handle DMV Hearing Myself if Arrested for a DUI?

Posted by Ronald D. Hedding | Nov 26, 2018

The short answer to this question is probably not. Because you're not an attorney. Your license is at stake, and if you live in Los Angeles, you need your driver's license.

So, unless you're trained in dealing with the DMV, you probably want to let an attorney handle that. Since you're probably going to need an attorney for your criminal court case, you might as well just let the attorney deal with both — that way; you know your license and your criminal record are in the best hands possible.

The first phone call is made to give you an idea of how the DMV work DMV works. They have many people answering the phones over there, and they don't care about you and trying to help you, in my experience.

People often claimed they called the DMV, and then the DMV claimed they never got a call. If you don't contact me within ten days, you automatically lose your driver's license.

So, then you put yourself in the position of having to try to convince the DMV that you did call them when they're looking at their computer system and saying that you didn't call them. I see that happen all the time with people, so that's your first hurdle — even communicating and dealing with a massive bureaucracy like the Department of Motor Vehicles in Los Angeles. Your attorney can call in there. They have an attorney line.

When I call in there, they know who we are because we've dealt with them before. We send them a letter. We fax it and get a date stamp saying that we represent you. We want a stay on any suspension and a DMV hearing. We're covered.

So, having a DUI attorney right from the beginning is essential. After that, they're going to set a hearing, and they're going to send you all the paperwork. Now, you have to try to defend yourself in the hearing. That will be awkward because the DMV hearing officer is entitled to ask you questions.

They're going to be asking you questions like, did you have any drinks that night? Any alcohol? How much did you have? They're going to be asking you a bunch of questions that will cause you to incriminate yourself. Technically, the court could use those answers against you to help prove the criminal case.

So, your attorney can do the DMV hearing without you even testifying if that's not something that's in your best interest. At the same time, trying to do it without swearing or saying something incriminating is a lot more complicated.

Importance of Having a DUI Lawyer

Then you've got the fact that the DMV is a kangaroo court, and the DMV hearing officer wears the hats of both the prosecutor and the judge, is making rulings on all the objections, and is going to finally decide whether they put on enough evidence to make the case. So, even an attorney has the deck stacked against them in a DMV case. You've got an actual tough row to hoe as your attorney.

So, you're going to want to have your attorney handle your DMV hearing, in my opinion, and obviously, you want an attorney to handle your court case as well. So, you should go in and hire an attorney. Give them all the facts and details and direct and guide what happens moving forward with the DMV.

Then you'll be in a much better position to do things the right way, get the best result, and then moving forward if your license is suspended, figure out how you can get it back and not put yourself in a position of driving on a suspended license, looking at another criminal charge and also, potentially looking at jail time.

So, make the call. Hire an attorney to handle your DMV matter and do it once, do it right and never do it again. Our law firm has a long track record of success. Contact us to review the details of your case and legal options.

About the Author

Ronald D. Hedding

What Makes Ronald Hedding Uniquely Qualified To Represent You? I've been practicing criminal defense for almost 30 years and have handled thousands of cases, including all types of state and federal sex crime cases. All consultations are discreet and confidential.

Contact Us Today

Hedding Law Firm is committed to answering your questions about DUI law issues in California and throughout the United States.

I'll privately discuss your case with you at your convenience. All consultations are free, discreet, and confidential. Contact us today to schedule an appointment.