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 driving under
get in touch with our DUI attorney in Long Beach, CA 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!