The DMV Hearing

You only have 10 days to request a DMV or administrative hearing before a DMV official as to whether your driver’s license should be suspended. The issues considered are whether there was probable cause to stop you, if you were lawfully arrested, and if your BAC was 0.08%. If you refused testing, the issue is whether you were properly advised. If you are under 21 or had a prior DUI, you must submit to testing.

Our Los Angeles DUI lawyers from the Los Angeles DUI Attorney Group will have the opportunity to cross-examine witnesses and offer testimony and evidence on your behalf to challenge any evidence against you.

Your Rights if Stopped for DUI

Police can stop your vehicle for probable causse such as having an equipment violation, speeding, erratic driving or for violating any traffic law. They can also stop you at a DUI Checkpoint and arrest you for suspicion of DUI regardless of your driving conduct if certain guidelines have been followed. You do, however, have certain rights:

• Although you must produce your driver’s license, registration and proof of insurance, you do not have to answer any additional questions. You may politely decline to answer any inquiries regarding been drinking or where you are coming from.

• You do not have to perform any field sobriety tests (FST). These are coordination and balance tests designed to incriminate you so an officer can say that alcohol impaired individuals perform poorly on these tests. There are many plausible explanations for why a person did not perform well on these tests.

• You do not have to blow into a portable breath test (PBT). Evidence from a PBT is not admissible given its lack of accuracy.

• You have a right to request a blood rather than a breath test.

• You have a right to have a blood test sample taken after you take the breathalyzer.

• You must be advised of your right not to perform any FST or blow into a PBT.

• You must be informed that your refusal to take a chemical test of your BAC will result in a one-year suspension of your driver’s license.

• You do not have a right to talk to the Los Angeles DUI Attorney Group before deciding whether to take a BAC chemical test.

• You or your Los Angeles lawyer must request a DMV hearing challenging the suspension of your license within 10 days after your arrest.

If you do refuse testing, you can face enhanced penalties as well as the one-year license suspension without the opportunity to obtain a restricted license. Police are expected to respect your decision to not answer questions or to perform any exercise or activity that could incriminate you.

DUI Defenses

Our Los Angeles DUI lawyers from the Los Angeles DUI Attorney Group will examine all available defenses. These include:

• Challenging the breathalyzer results. There are over 58 reasons why the breathalyzer results may have indicated a BAC of 0.08% or higher.

• There was no good reason for stopping your vehicle.

• There is no proof you were driving.

• There is no proof of your BAC level at the time you were driving if you were arrested at a remote time since your drove or at a remote place from your vehicle.

• Your arrest was unlawful.

• Any search of your vehicle violated your right to be free from unreasonable searches and seizures.

• DUI Checkpoint protocol and guidelines were violated.

• Lab technicians failed to follow protocol in administering or preserving your blood sample or it was likely contaminated.

• Witness testimony regarding your drinking, demeanor and conduct

Your DUI lawyer knows what defenses may be asserted depending on the circumstances of your case.