If you or someone you know has been arrested for a DUI in Los Angeles, the first call you need to make is to an experienced Los Angeles County DUI attorney. You only have 10 days to contact the California Department of Motor Vehicles to request a hearing and place a stay on the automatic suspension of your license. Failure to contact the DMV within ten days will result in the automatic suspension of your license thirty days from the date of arrest. Act now to protect your rights.
Preparing for an Administrative Per Se (APS) Hearing
An Administrative Per Se or APS hearing is done through the California Department of Motor Vehicles to determine if any suspension of a license is warranted. Because a driver’s license is a privilege, the DMV may simply give you notice of your right to a hearing but on the failure to exercise your right can suspend your license without actually holding the hearing. Therefore, it is vital that you exercise your rights and request a hearing within 10 days of your arrest. It is strongly recommended that you hire an attorney to represent you at these proceedings.
An APS hearing is held independently of any actions taken through the court. The hearing is presided over by a DMV hearing officer and is less formal than any court proceedings. Prior to the hearing, a copy of your police report will be provided and is usually the only document or set of documents provided by the DMV. You do have a right to issue subpoenas to gain any additional evidence on the case. For instance, it may be advantageous to subpoena the calibration and maintenance records on any breath device that you submitted to or you may want to subpoena any audio and video taken prior to the stop. A qualified Los Angeles DUI Defense Lawyer will issue these subpoenas on your behalf and will do extensive research on your case. A proper defense may entail many things including subpoenas for additional or even subpoenaing the arresting officer to testify at the hearing.
Defenses that Arise at a California DMV Hearing
There are many defenses that may arise at your Los Angeles DMV hearing after an arrest for DUI. For instance, you may have a low blood alcohol level that is conducive to a rising defense, or there may be an issue with the stop itself. No matter what the circumstances of your Los Angeles drunk driving case, you need representation. Our team of leading DUI Defense Attorneys will help you with all aspects of your case and will work hard to get you the best possible outcome.