DMV Hearing Defense Attorney in Vista, CA
Protect Your Driving Privileges After a DUI — Call Now
When you have been arrested for Driving Under the Influence in California, you only have 10 days from your arrest date to request a DMV administrative per se hearing.1 Missing this deadline results in your license being automatically suspended 30 days after arrest.2 The DMV hearing is separate from your criminal trial, and the outcome will not impact your case in any way. There is no penalty for requesting a hearing, but it can give you a leg up on fighting the criminal DUI charges.
If you were arrested for drunk driving or driving under the influence of drugs, call attorney Peter Liss (State Bar #111128) now to start fighting your license suspension and protect your driving privileges.
What Happens to Your License After a DUI?
When you are arrested for drunk driving, the officer will typically take away your license. They will then give you a pink piece of paper that serves as both a notice that your license is suspended and a 30-day temporary driver’s license. This temporary license gives you time to fight the suspension at a hearing with the California DMV.
If you do not request a hearing, your license will be suspended after 30 days. If your DMV hearing is set for more than 30 days after arrest, your DUI defense attorney can request an extension of your temporary license.
Can I Keep My License After a DUI Arrest?
If you are arrested for driving under the influence, the officer can, and usually will, take your driver’s license if a chemical blood test shows your BAC was above 0.08% or if you refuse a blood or breath test.3 Officers may also take your license if you take a test where the results cannot be analyzed until later, but the officer believes you are driving under the influence based on other factors, such as the way you were driving or your appearance, conduct, or the odor of alcohol.
A law enforcement officer cannot physically seize the license from an out-of-state driver because that document is technically the property of the state in which it was issued. “Even if the officer did not take your license, you still cannot drive within California state limits,” warns Peter Liss. Many states will also suspend your driving privileges if they learn your license was suspended due to a DUI in California.
What Can I do to Protect My License After a DUI Arrest?
To contest your license suspension, you or your attorney must call the San Diego DMV within 10 days of your arrest to request an administrative per se hearing. Missing this deadline results in an automatic license suspension for at least four months.
What to Expect at a DMV Hearing for DUI
“Once you post bail after a DUI arrest and are released from jail, you will be given a criminal court date,” explains Liss, “DMV hearings are optional and only available by request.” Failure to do so within 10 days of your arrest will forfeit your right to challenge the automatic license suspension.
Do I Have to Schedule a DMV Hearing?
The DMV hearing is optional and does not impact your criminal case. However, it is an invaluable opportunity for multiple reasons, so you should always take advantage of it. Aside from allowing you to protect your driving privileges, the DMV hearing is also an early chance to learn about the prosecution’s evidence and challenge it.
“In many ways, the license suspension hearing can work as a practice trial for you and your attorney,” says Liss, “allowing you to better prepare for the official court date.”
Where are DMV Hearings Held in Vista?
DMV hearings in San Diego County are held over the phone or virtually through Microsoft Teams.4 If you cannot, or do not wish to, participate in the virtual hearing, a DMV suspension lawyer can go on your behalf instead.
What Happens at a San Diego DMV Hearing for DUIs?
California Department of Motor Vehicles hearings are overseen by a Driver Safety Officer, who is employed by the DMV and is not a lawyer or judge.5 The Driver Safety Officer will decide whether there is a “preponderance” of evidence that you were driving under the influence of alcohol or drugs.
The hearing officer usually will not decide on your suspension for several days or even weeks. A decision against you can be “appealed” to the DMV in Sacramento or the Superior Court by filing a writ, although there must be solid legal grounds in your favor for a writ to change the outcome.
How Can a Vista DMV Defense Lawyer Help Me?
Administrative Per Se hearings are very technical, often involving issues of whether there were procedural or bureaucratic errors, and an experienced Vista DMV suspension attorney is essential to present your best possible arguments. Your lawyer can:
- Share your side of the story
- Provide evidence on your behalf
- Challenge the evidence against you
- Find weaknesses in the officer’s testimony
Winning a DMV hearing is nearly impossible without a DUI attorney who knows how to win these cases. Do not attempt to represent yourself.
Possible DMV Hearing Outcomes in Vista
The DMV hearing ultimately has only two possible outcomes: either you avoid the administrative license suspension or you do not. Keep in mind that even if the DMV does not suspend your license, the criminal court judge can still impose a suspension if you are convicted.
What Happens if I Win the Administrative Per Se Hearing?
The DMV will dismiss your license suspension. “Your attorney may use your success as leverage when negotiating with the prosecutor to drop or reduce the charges,” notes Liss. If the case moves forward, your license may still be suspended if you are convicted.
What Happens if I Lose my DMV Hearing After a DUI?
When the DMV keeps the suspension in effect, you will lose your license for a minimum of four months, though the suspension may be longer based on your DMV and criminal record. Even if you lose at the hearing, your lawyer may have gained valuable knowledge about the case that could help him get a more favorable outcome in the criminal case.
How Long are First-Time License Suspensions for Those Who Lose Their DMV Hearing?
The length of your suspension will be based on your specific situation. Most first-time offenders are subject to a 4-month suspension. However, if you pay for a restricted license and file proof of enrollment in a DUI school and proof of your SR-22 insurance, this can be reduced to 1 month, followed by 5 months of work restriction. 6
“If you install an ignition interlock device in your car, you can avoid the 1-month hard suspension for a first-time offense and drive for any purpose,” says Liss.
If you are found guilty in the criminal system, you will face an additional six-month suspension that runs concurrently with the immediate DMV suspension. This additional suspension can also be converted to a restricted license or avoided by installing an ignition interlock device.
How Long Are DUI License Suspensions for Repeat Offenders?
Longer suspensions apply in cases where the driver already had a previous DUI conviction or refused the blood or breath test, specifically:7
| Offense | DMV License Suspension Period |
|---|---|
| First-Time DUI | 4 Months |
| Refusing Blood or Breath Test | 1 Year |
| Second-Time DUI | 1 Year |
| Second-Time DUI After Test Refusal | 2 Years |
| Third-Time DUI | 3 Years |
| Fourth-Time DUI | 4 Years |
| DUI With Injury | 1 Year |
| DUI With Injury After Test Refusal | 2 Years |
| Under 21 DUI | 1 Year |
Will Winning My DMV Hearing Keep Points Off My Driving Record?
No, the DMV hearing does not change whether your DUI will result in 2 points being added to your driving record. Unlike a traffic ticket, you cannot have these points removed from your record by attending traffic court. However, if you are found not guilty in court or the charges are dropped, the points will not be added to your record.
Earning four points in one year will subject you to another license suspension. A lawyer in Vista can help you avoid this license suspension by scheduling a negligent operating hearing with the San Diego DMV.
Legal Help for DUI License Suspensions
If you have been arrested for drunk driving, the California DMV license suspension hearing is the first step in your legal fight against these serious charges. It will not just help you protect your license, but also help your lawyer develop a winning strategy to challenge the criminal charges against you.
If your license is suspended, your attorney can also help you take the right steps to get it reinstated as soon as possible.
When you have been accused of a crime, such as drunk driving, that is punishable by a license suspension, call attorney Peter Liss today for a free consultation. He knows how to stop a license suspension at DMV and fight the DUI charges against you.
Peter Liss Can Help
Experienced Vista DMV Attorney
Peter Liss has decades of experience defending clients against criminal offenses, including DUI DMV hearings. As your lawyer, he can help you through every step of the DUI conviction process, starting with bail, followed by the trial or plea bargain and sentencing, and finally, assisting you with the license reinstatement process. Mr. Liss always works to secure minimum or alternative sentencing for his clients.
Local Legal Representation 24/7
Mr. Liss’ Vista criminal defense office is just across the street from the North County San Diego Courthouse and Jail. He has a proven track record of winning cases and is available 24 hours a day, 7 days a week.
Can’t Afford to Miss Work?
Peter Liss can represent you at the DMV hearing even if you cannot attend due to work or other commitments. In most misdemeanor cases, attorney Peter Liss can also attend the criminal hearings in your place.
Call Peter Liss Today
You have just 10 days to protect your license. Call Peter Liss’ office today for a free consultation. Act now—your driving privileges depend on it.
Keep Your Driver’s License
Fight the DMV Suspension
Peter M. Liss is a Vista defense lawyer with over 40 years of experience handling DUI hearings and related charges in San Diego County. Clients praise his dedication and results.
DMV Hearings Defense Lawyer
If you or someone in your family has been arrested, please contact Mr. Liss to discuss your case. He provides top-quality representation for a reasonable fee, offers a free initial consultation, and accepts all major credit cards. He considers all DUI cases urgent and will respond immediately.
Frequently Asked Questions About DMV Hearings in Vista, CA
What Happens if I Lose My DMV Hearing but Win at the Criminal Trial?
If you’re found not guilty at the trial or the prosecutor ends up dropping the charges or reducing them to a lesser offense, such as wet reckless, it will not directly affect your license suspension with the DMV. However, your lawyer may be able to secure the return of your driving privileges.
What Happens if I Win My DMV Hearing but Lose My Criminal Case?
If you’re found guilty or plead guilty in a plea bargain, the judge may order your license to be suspended, even if you won at the administrative per se hearing.
What If I Miss My DMV Hearing?
If you were attempting to represent yourself and do not have an attorney present, you will lose by default. In some cases, you may be able to request a continuance or reschedule if the absence was unavoidable. However, if your lawyer attended the hearing in your place, the hearing will continue without you, and you can still win.
What’s the Difference Between the DMV Hearing and Criminal Proceeding for DUI?
These two procedures are entirely distinct from one another. The DMV hearing is not a court matter, is not presided over by a judge or lawyer, and only affects your license suspension. The criminal case can leave you behind bars, facing large fines, subject to a license suspension, and more.
What Happens if you are Caught Driving on a Suspended License After a DUI?
You only have 10 days to fight a driver’s license suspension with the DMV because these hearings are optional. If your license is suspended and you are caught driving, you can be charged with Vehicle Code 14601.1 (VC). On a first conviction after a DUI-related suspension, you can face up to 6 months in jail and a fine of up to $1,000. You will also be required to install an ignition interlock device in your car. If you had a previous DUI, driving on a suspended license is punishable by a minimum of 30 days to a year in jail.
Legal References
- Vehicle Code 13558 (VC) (California Legislative Information) ↩︎
- DUI First Offenders (California Department of Motor Vehicles) ↩︎
- Chemical Tests for Driving Under the Influence (San Diego Police Department) ↩︎
- Administrative Hearings (California Department of Motor Vehicles) ↩︎
- Driver Safety Administrative Hearings Process (California Department of Motor Vehicles) ↩︎
- DUI First Offenders (California Department of Motor Vehicles) ↩︎
- DUI Repeat Offenders (California Department of Motor Vehicles) ↩︎
