DMV Hearing

California 10 Day Rule
After a person is arrested for driving under the influence (DUI) in California, law enforcement will take the person’s driver’s license and issue him/her a temporary driver’s permit.  The temporary permit allows the person to drive for a period of 30 days.  After 30 days, the person’s driver’s license is automatically suspended unless he/she schedules a hearing with the California Department of Motor Vehicles.  From the date of a person’s arrest, he/she only has 10 days to schedule an Administrative Hearing with the DMV.  If the person does not schedule this Hearing within 10 days, his/her driver’s privileges will automatically be placed on suspension.  Once you have been arrested for DUI, it is important that you schedule your DMV Hearing immediately!   

DMV Hearing
After a DMV Hearing has been scheduled, the person will receive a time and date in which he/she must appear at a DMV branch.  The Hearing usually takes place in a small office with a DMV representative.  The DMV representative has two responsibilities.  First, the representative must prosecute the person’s case.  This means that the representative will present evidence against the person.  This evidence usually comes from the police report, the person’s reported blood alcohol concentration, and testimony from the arresting officer.  Second, the DMV representative must serve as a judge, which means the representative will make the final decision regarding the person’s license suspension. 

Before the representative can uphold the suspension of a person’s driver’s license, the representative must be able to prove that law enforcement adhered to arrest protocol, that law enforcement had reasonable doubt to arrest the driver, and that the driver was operating a motor vehicle with a blood alcohol concentration of 0.08% or higher.  If these things can be proven, the representative may find the driver guilty and suspend the person’s driver’s license for a set period of time.  If the DMV representative cannot prove his/her case, or the driver is able to successfully defend him/her self, the representative will reinstate the driver’s license. 

Often times, people find that they are more successful at their DMV Hearings when they have an attorney on their side.  A DUI attorney can provide vast legal resources, challenge evidence, and present an aggressive defense. 

San Bernardino and Riverside DUI Defense Attorney

The Law Office of Michael J. Holmes is a leading DUI defense firm servicing San Bernardino and Riverside Counties.  Michael J. Holmes is an experienced defense attorney who is dedicated to helping his clients successfully fight their DUI charges.  Attorney Holmes has handled countless DUI cases and he understands the complex nature of DUI charges.  As a knowledgeable defense attorney, Michael J. Holmes knows how to build a winning case based upon the facts.  With most cases, Attorney Holmes is able to refute evidence presented by state prosecutors because he once served as a prosecutor.  With Attorney Michael J. Holmes on your side, you can fight your DUI charges and move forward with your life.

If you have been charged with DUI in San Bernardino or Riverside, call the Law Office of Michael J. Holmes at (888) 393-4LAW today!  For your convenience, the Law Office is available 24 hours a day and weekend appointments are accepted.  Your initial consultation is FREE. 

Contact the Law Office of Michael J. Holmes!

The Law Office of Michael J. Holmes is proud to provide aggressive legal representation for DUI clients in San Bernardino, Riverside, San Diego, Los Angeles, and Orange County.