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Consequences for Loss of Hearing with Chemical Test

Drivers arrested on suspicion of DUI / DWI in California are often unaware that they have only 10 days to request a DMV hearing, or their driver’s licenses will be automatically suspended. The process of a DMV hearing that follows a California drunk arrest depends on whether the driver submitted to a chemical test to determine blood alcohol content (BAC), or refused the test.

Drivers who refuse a chemical test actually face harsher consequences at a DMV hearing than those who submit. For the best results at a Department of Motor Vehicles hearing following a drinking and driving arrest, contact the experienced DUI / DWI defense lawyers at The Kavinoky Law Firm. An experienced defense attorney will seek to have an accused drunk driver’s refusal excused and work to minimize or eliminate the consequences of a California driving under the influence arrest.

The DMV action that follows a California DUI / DWI arrest is separate from the criminal case, and significantly different. While the criminal courts are concerned with both the driver’s BAC and his or her mental and physical condition as it relates to the ability to operate a motor vehicle, the DMV is concerned only with BAC.

Under California law, any driver who operates a motor vehicle with a BAC of .08 percent or greater is in violation of the state’s “per se” law. Therefore, a DMV administrative per se (APS) hearing focuses on only three facts – whether police had probable cause to make an arrest, whether the arrest was lawful, and whether the driver’s BAC was .08 percent or greater. If all of those facts are found to be true, the driver’s license will be suspended.

The length of the driver’s license suspension following an unsuccessful Department of Motor Vehicles APS hearing depends on how many times the driver has been arrested for DUI / DWI, and whether or not he or she submitted to a chemical test.

For a first-time drunk driving arrest, motorists who submitted to a chemical test will have their licenses suspended for a minimum of four months. The driver may be eligible for a restricted license that allows travel to work and other essential destinations. Keep in mind that while the DMV has the sole power to suspend driver’s licenses, a DUI / DWI conviction in criminal court can bring an additional license suspension from the DMV.

If the driver is arrested for DUI / DWI for a second time within 10 years, submitted to a chemical test, and loses his or her DMV hearing, the driver’s license will be suspended for one year. Losing a Department of Motor Vehicles APS hearing after a third drunk driving arrest within 10 years will bring a two-year license suspension. Just as with a first-time driving under the influence arrest, the DMV can impose additional license suspensions after a criminal court conviction.

Any driver whose license is suspended in a DMV APS hearing who wants the license reinstated at the end of the suspension period must file an SR-22 form, or formal proof of insurance, with the DMV for three years.

Fortunately, losing a DMV hearing after a California drunk driving arrest isn’t automatic. There are several effective defenses to the Department of Motor Vehicles APS hearing that can win the driver’s case and protect his or her driving privileges. The experienced DUI / DWI defense attorneys at The Kavinoky Law Firm have the skills needed to aggressively fight for the accused drunk driver’s rights both at the DMV and in court. Contact them today for a free consultation.