 |
 |
|
 |
If you have been charged with driving under the influence, it is important that you contact the California Department of Motor Vehicles (DMV) to schedule an Administrative hearing within 10 days of your arrest. Failure to schedule a hearing with the California DMV could result in the automatic suspension of your driver’s license.
When a person is arrested for DUI and has a blood alcohol concentration (BAC) of 0.08% or higher, the arresting officer will take away the person’s license. Additionally, if the person refuses to submit to a breath alcohol test, his or her license will be automatically suspended. After taking the person’s license, the officer will issue him or her a temporary driver’s license, which permits the person to drive for 30 days. The person should contact the DMV to schedule a hearing to contest the terms of his or her license suspension.
The DMV hearing may take place in person or over the phone. During the hearing, a DMV employee will act as the prosecutor and the judge. It is the DMV employee’s job to evaluate the offender’s case carefully. While evaluating the case, the DMV representative will determine several important factors, including whether or not the officer had probable cause for making the arrest, whether or not the arrest was properly executed, and whether or not the offender had a BAC of 0.08%.
In cases where the person refused to take a BAC test, the DMV representative must determine if the person was informed that his or her license would automatically be suspended for failing to consent. The representative must also determine if the person actually refused to take the BAC test after being informed of the suspension.
After all of these factors are considered, the DMV representative will reach a decision. If the representative decides the person is “not guilty,” the person’s driving privileges will be reinstated. If the person is found “guilty,” his or her driver’s license may remain suspended for a period of between 4 months (for a first offense) and 3 years (for multiple offenses).
Marin County DUI Attorney
Attorney Robert Tayac has helped clients from all throughout Marin County combat their DUI charges with much success. Mr. Tayac is a reputable and understanding attorney, who is extremely knowledgeable when it comes to DUI law. Unlike other attorneys, Robert Tayac’s primary focus is DUI law. His years of DUI practice experience and winning track record speak for him.
As a well-qualified DUI Attorney, Mr. Tayac is dedicated to his clients’ needs and to producing outstanding results on their behalf. With professional DUI Attorney Robert Tayac on your side, your chances of successfully fighting your charges and avoiding a conviction in Marin County will greatly increase.
Contact the Law Office of Robert Tayac for your free case evaluation!
|
