DMV Cases

With the growth of our San Diego DUI defense practice has come a growth in our DMV License Representation. While license suspensions often accompany criminal DUI cases, it is important to note that the Department of Motor Vehicles (DMV) and court system are completely separate with each administering its own hearings under different rules.

It is not unusual to have your license snatched and served a pink temporary license with a notice of suspension and hearing, without being charged with an alcohol offense in criminal court. This often happens when a person under 21 or a DUI Probationer tests over .01% on a field breath test (also known as a P.A.S. test – Preliminary Alcohol Screen).

In DMV Hearings the burdens of proof are lower than in a criminal court, and the rules of evidence are more relaxed. The Hearings are conducted by a Hearing Officer, who is tasked with both the responsibility to prove the case as well as issue an independent decision based on the evidence. Because of the uniqueness of these Administrative Hearings, and the necessity to balance due process with economy of justice – these hearings have been shaped heavily by case law from the courts. However, despite these differences, the Christoph Law Offices have still been very successful at using the law to protect our client’s licenses.

Our representation regarding DMV Actions emphasizes 4 areas:

  1. 21 and Older Administrative Per Se Hearings for Driving with .08 % BAC or Greater

  2. Under Age 21 Administrative Per Se Hearing for Driving with .01 % BAC or Greater

  3. Administrative Per Se Hearing for Driving with .01% BAC or Greater while on DUI Probation

  4. Negligent Operator Hearings for exceeding the point allowance

TIMELINESS IS CRITICAL

If you were served a pink copy temporary license, you only have 10 days from the date of arrest when you received that pink piece of paper to set a Hearing to challenge your license suspension. Once the 10 days have expired, you waive your right to the Hearing and the chance to challenge the suspension. Setting a Hearing will delay any suspension and give you a chance to fight the evidence against you.

Whether you are facing a suspension for alcohol or facing a suspension for having too many points on your driving record, please feel free to give us a call for a free consultation.