DMV / Driver’s License Issues
We will prepare for your DMV/Administrative Per Se (APS) hearing as to the status of your license just as we would any other court proceeding. You have a right to discovery, a right to file motions and call witnesses, and there are certain things that the arresting officer had to do properly in order for the DMV to take action against your license. We will handle it for you, competently and aggressively. The temporary loss of one’s driving privilege can become a major disruption to your life.
Additionally, the DMV/APS hearing can provide us with great insight as to the strength or lack thereof of the criminal case against,
especially if the arresting officer testifies at the hearing.
In a typical APS hearing where there was a chemical reading, the hearing officer must find the following three issues to be true:
- Did the arresting officer have probable cause to believe you were driving with a .08 percent blood alcohol level in violation of VC §23152 or VC §23153 (or, if the driver was under 21, driving with a .01 or .05 percent blood alcohol level in violation of VC §23136
- Were you lawfully arrested?
- Is there sufficient evidence to show that you had a .08 or more blood alcohol level at the time of driving?If any of these three issues fail, you will not lose your license.For “refusal” cases, where the driver refused the chemical test, the first two issues are the same, while issues three and four become:
- Were you properly advised of the consequences of your refusal?
- Did you refuse, or fail to complete, the chemical test?
If you lose the hearing, some of the typical suspensions are:
a. First Offense – 4 month suspension, possible restricted license after 30 days;
b. Second Offense within 10 years – 1 year suspension
c. If the driver was under 21 at the time – 1 year suspension
d. Refusal – 1 year suspension
These are just a few of the consequences. There are other consequences as well, and other alternatives to apply for a restricted license (i.e. hardship waiver). Hiring competent counsel who will take these hearings seriously is imperative.
Do not talk to police. Do not provide statements, even if you think they are statements which declare your innocence – they will only be twisted and used against you. First, consult with a lawyer. Do not handle these cases on your own.
Do not consent to a search of your person/residence/vehicle. Demand a search warrant.
Ask for your lawyer. These are your constitutional rights – exercise them!