You are required to notify the DMV within 10 days of an arrest for suspicion of driving under the influence in Los Angeles. Failure to contact the DMV can result in the automatic suspension of your driving privileges 30 days from the date of arrest. You can protect your driving privileges and reserve a hearing by contacting the DMV. The DMV will then allow you to present evidence on your behalf and try to save your driver's license.
An Administrative Per Se Hearing through the DMV is similar to a jury trial in that you can present evidence and cross examine the officer who pulled you over. A hearing officer presides over the case and acts as the judge and jury. The hearing officer will present the department's prima facie case which generally includes the arresting officer's statement and report as well as any blood results or breath strip printout from a chemical test taken at the scene or at the station. The hearing officer then allows for you to present any evidence on your behalf. In many cases, it may be advantageous for you to subpoena the officer. The hearing is recorded and the officer is placed under penalty of perjury. Therefore, the officer's testimony at the DMV hearing can later be used at trial or during a pre-trial motion.
Because a Los Angeles DUI arrest involves more than just criminal court appearances, you do not want to rely on an attorney who does not dedicate their practice to DUI. Our Los Angeles DUI defense lawyers are well-versed in the practice of drunk driving cases. We do not handle other types of criminal cases and have dedicated our practice to those arrested for driving under the influence. We can help you fight both the criminal case and any DMV action.