San Diego, California, DUI/DWI DMV Hearing
The first consideration one must keep in mind regarding DUI law is that there are now two separate and distinct entities you must be concerned with. Specifically, these entities are the courts, which largely handle the criminal aspects of a San Diego DUI, and the California Department of Motor Vehicles (DMV), which handles the administrative suspension of driving privileges.
Although the court historically was the sole arbiter over one's driving privileges in a DUI case, today, the DMV takes its own actions against one's driving privileges independent of the court's resolution of the case. Thus, if a police officer issues an ADMINISTRATIVE PER SE/NOTICE OF SUSPENSION/TEMPORARY DRIVERS LICENSE ENDORSEMENT document, stating something to the effect of, "this will be your temporary driver's license until you get to court", do not be misled. The DMV action against your driver's license in San Diego is independent of the court action against you, and it is often just a coincidence that an arraignment date is set thirty days away from the date of the arrest.
10 Calendar Days
The key point is that as a general rule, an appointment for a DMV Hearing must be set up within ten calendar days of the date of arrest in San Diego should one wish to avoid the automatic suspension of his or her driving privilege, if their blood-alcohol content was a .08%, or more.
Due to the specialized nature of a large number of potent defenses to a DMV suspension, a driver should discuss all of this with an attorney experienced in this area as soon as possible.
Mark R. De Yoe has won many DMV Hearings throughout San Diego over the years in seemingly impossible situations. It is more important than ever to have an experienced attorney defend one before the DMV.
Contact an Experienced, San Diego DUI Lawyer
To learn more, call the Law Office of Mark R. De Yoe in San Diego, California, at 619-237-0555 for a valuable free initial consultation.
