The truth as far as the DMV goes and your license is concerned is that the DMV process is a bit of a kangaroo court, and I say that because it's a DMV hearing officer basically deciding whether or not he or she is going to suspend your license.
So, they play two roles. One, they play the prosecuting attorney for a DUI DMV case, and they also play the judge and jury. So, that's a bit of a kangaroo court and it's very difficult to beat them because they are ruling on objections as the judge and the prosecutor, and if you object to their evidence, they typically deny it.
So, it's very difficult to win a DMV hearing. It is possible to win, but you have to have an angle. In other words, the three key things the DMV is trying to prove is whether or not there was a legal stop, where the police legally came in contact with you, whether or not it was a legal arrest.
In other words, did they have probable cause to arrest you based on the information they have, the field sobriety test, your driving, your look, what you said, and finally, was your blood alcohol level a .08 or greater. Another way to get around that is if you refuse to actually take the tests, then that would be good enough and that would be grounds for them to suspend your license.
So, the bottom line is, if you're going to have any chance against the DMV, you want to limit the damages to your driver's license, then you're going to need an attorney who has dealt with them before, who knows how to beat them, who knows how to minimize the devastating effects that a DMV suspension can have on your driver's license.
Retain an Experienced Lawyer
So, don't let sales people fool you over phone, talk to you and tell you a bunch of stuff when they don't even know one thing about your case. The way to do it is, get a good, reputable attorney. Hire them. Give them all the information. Let him get all the paperwork on your case and then sit down and talk to them about it.
Then they'll have all the pieces to the puzzle related to your DUI DMV case and they can properly advise you as to exactly what your chances are and what you need to do in order to have the absolute best chance at success as it relates to your DMV DUI case.
Remember, it's not really the court that is suspending licenses. The court deals with your criminal record as far as a DUI goes. The DMV is the one who has control of your driver's license, so you have to play by their rules.
They're the one that does the hearing. If they do a hearing and they take your license away from you, the bottom line is you're going to need to figure out how to get it back – what to do – and that's coordinated through your attorney.
That's also coordinated through you going down to the DMV, showing them your paperwork that shows why your license was suspended and then you go with them step by step what it's going to take to get it back. You're going to need to do an alcohol program.
You're going to need to get an SR22. You're going to need to show proof that you have insurance and you're going to need to jump through a few other hoops in order to get your driver's license back. You want to make sure you do it before the time your license is to be given back to you so that at the time your license comes back, you're in the best position to get it and move forward in a powerful manner.
So, if you've got a case involving the California DMV and your driver's license, give us a call. We'll sit down with you. We'll tell you the real straightforward truth. We'll let you know what your chances are and we'll help you get through this process as swiftly as possible and with the least amount of damage to your license.