Writ of Mandate

Every driver arrested for DUI / DWI in California must request a DMV hearing within 10 days or their licenses will be automatically suspended. Drivers who lose their hearings face a license suspension ranging from four months to several years, depending on the number of prior convictions and whether or not the motorist refused a chemical test. However, it’s possible to appeal a lost Department of Motor Vehicles hearing, either through a request for administrative review or a writ of mandate. The experienced drunk driving defense lawyers of The Kavinoky Law Firm are skilled in every aspect of appealing unsuccessful DMV hearings.

Unlike a request for administrative review, which involves appealing the DMV hearing officer’s decision to the Department of Motor Vehicles in Sacramento, a writ of mandate will be reviewed by the state attorney general’s office. Although the attorney general’s office will represent the DMV’s position, it’s the first opportunity to have the case reviewed by someone who’s not part of the defense team who has actual legal training.

That’s because the DMV hearing officer isn’t a judge or even a lawyer – he or she is merely a DMV employee who reviews paperwork and makes a decision about whether to suspend the driver’s license. The DMV hearing officer will attempt to establish just three facts during the administrative per se hearing – that police had probable cause, that the arrest was valid, and that the driver had a blood alcohol content (BAC) of .08 percent or greater.

It’s sometimes possible to have the driver’s license suspension stayed pending the outcome of the writ of mandate. However, to do so, the defense must show that the motion has merit and that the driver poses no risk to the community if allowed to continue to drive. One excellent way to accomplish this is through the use of an ignition interlock device– equipment installed into the driver’s vehicle that prevents the car from starting if the driver has a measurable BAC.

A skilled California DUI / DWI defense lawyer experienced in DMV hearing issues will research the case thoroughly before submitting a writ of mandate to the state attorney general’s office. There are several issues that can form the basis of a successful writ of mandate. DMV hearing officers sometimes make mistakes by admitting evidence that should have been excluded. In some cases, police didn’t have probable cause or didn’t make a lawful arrest. And chemical tests and the people who perform them are prone to error.

Ultimately, it is possible to overturn the decision of the DMV hearing officer and restore the accused DUI / DWI motorist’s driving privileges. The knowledgeable drunk driving defense lawyers at The Kavinoky Law Firm have the experience and skills to handle every aspect of the DMV and court cases that follow a driving under the influence arrest, including filing a writ of mandate to challenge the DMV’s decision. An expert defense attorney can answer any questions about appealing the Department of Motor Vehicles decision during a free consultation.