Long Beach DMV Hearing Lawyer

Prevent License Suspension in an Appeal Hearing

If you were arrested for driving under the influence (DUI) of drugs or alcohol in California, the officer may have revoked your license during the arrest and issued you a temporary driving permit. Upon receiving this permit and your Order of Suspension or Revocation, you only have 10 days to request a hearing with the DMV to appeal the suspension.

If you fail to request a hearing in this time, your license may be automatically suspended or revoked for a period of 6 months to 1 year, or more!

At the Law Office of Peacock & Le Beau, our criminal defense attorneys have handled all kinds of DUI cases, and helped many individuals defend their driving privileges in DMV license suspension hearings. Besides defending your rights against the criminal conviction of DUI, protecting your driving privileges may be a vital part of your case. If you have been arrested for a DUI in Southern California, get in touch with our Long Beach firm immediately and ensure that you secure the legal representation you deserve!

How Your License Can Be Suspended

Your license can be suspended for a number of reasons.

  • An individual aged 21 and over who has a BAC level of 0.08% or higher can have his or her license suspended.
  • For commercial drivers, a driver's license suspension can take place with a BAC level of 0.04% or higher.
  • Individuals on DUI probation or under the age of 21 can face driver license suspension for a BAC level of 0.01% or higher.

Anyone who refuses to submit to a chemical test for the determination of his or her BAC level can have their license suspended. In some cases, you may be entitled to obtain a restricted license to drive to and from specific locations. "Admin Per Se" (APS) driver's license suspensions can last for a minimum period of 4 months.

A skilled defense attorney not only protects your rights in court, but also during these other legal procedures. Our criminal defense team has handled thousands of cases with success—for individuals facing DUI, the first step toward a positive resolution may be to have your suspension delayed. You may even be able to limit your license suspension to a period of just one month!

What action can I take after a license suspension?

After you have been issued the receipt of the Order of Suspension / Revocation, you will only have a 10 day window to request a hearing with the Department of Motor Vehicles. These are conducted by the DMV to ensure that due process is given to all California drivers. Each administrative hearing is different and will depend on the specifics of your case. In any circumstance, you are given the opportunity to provide relevant evidence regarding your case. Evidence can be given in the form of documents, collision reports, photographs, medical records, and other relevant information.

Your Legal Rights During a DMV Hearing

You should know your rights regarding your DMV hearing well before the day it occurs. Many people, not knowing their rights, fail to take advantage of their opportunities to build a strong case in advance. You have the right to see and obtain copies of the DMV's evidence against you, which you can issue to the lawyer who will represent you during the hearing. If you need an interpreter, you can request this provision. Finally, you can choose to be represented by a Long Beach criminal defense attorney or to represent yourself.

If you receive a negative response to the hearing, you can submit a written request to have the decision reviewed within 15 days of the notice but will have to pay for the review. In cases where you are permitted to have your license reinstated after an APS suspension, you must pay a reissue fee, file proof of financial responsibility, and maintain proof of your financial responsibility for three years.

Only specific issues will be discussed during the hearing, such as whether the peace officer possessed reasonable cause to believe you were driving under the influence. Another issue that can be discussed is whether a lawful arrest took place. With the legal experience of one of our lawyers at the Law Office of Peacock & Le Beau, you have a strong chance of a successful result. We have worked closely together for more than two decades and bring this experience to cases as we defend and protect clients' licenses. We can use our resources to help you build a solid case to maximize the chance of having your license reinstated.

If you are in need of a Long Beach criminal defense lawyer to guard your rights, contact our firm today!

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