DMV Procedure and Defenses

After arrest, if you are over 21 years of age, you are given a DMV form and your physical license is surrendered to the police. On this form, the DMV DS-367, you are advised of the bare evidence against you. Specifically, you are apprised of what physical evidence was obtained (breath or blood sample), what that evidence supports as far as DUI charges go, and what legal basis or bases the investigating agency has for stopping you. You have only 10 calendar days from the date of arrest to contact the California DMV to request a hearing, which places a stay on the automatic suspension of your license. Contacting the DMV within 10 days does not mean that you will not face a license suspension; it simply affords you the opportunity to have a hearing.

When notifying the DMV that you would like a hearing, you will need to have your pink DMV DS-367 available for a few questions that the DMV staff will ask of you. NEVER let the DMV clerk turn you away. You have a right to a hearing. However, It is always advisable to have an attorney contact the DMV on your behalf. The Administrative Per Se (APS) hearing is an important part of your DUI case and scheduling and coordinating with the timing of the court system may be key to the overall strategy in your case.

Make sure you keep the DMV DS-367 form, as it helps your lawyer to glean important facts that help your defense in a DUI matter. If you are cited to appear in court or bailed out of jail to appear, your court date won’t usually take place until 30-days from the date of citation. Contacting a seasoned Santa Rosa DUI attorney as soon as possible after your arrest will ensure that your license doesn’t go into suspension before your court date has even taken place.

At the APS hearing, you have the right to present a defense to the DUI charge and cross-examine the officer who arrested you. Whether or not you prevail at this hearing depends on which legal defenses apply to your particular case. What experienced Sonoma County DUI lawyers know will help win a case at the DMV are the legality of the officer’s conduct, the blood alcohol level you tested at and whether there are legal issues discrediting the accuracy of that test, and the sufficiency of other evidence such as the police report and other documentation of your arrest. Don’t go it alone at these hearings — contact Wilber Law Offices today to help you navigate the hearing in concert with the court procedures for the best possible outcome of your case as a whole.