Being arrested for DUI in Santa Clara is the catalyst for two cases to begin. Not only must you contend with the consequences of the charges in the Santa Clara DUI courts, but you must also answer to these charges with the DMV. The arresting officer confiscated your license, and issued you a DS-367 form, which not only serves as a temporary license but also as a formal notice of license suspension until you have the DMV case resolved. To do this, you have ten (10) calendar daysfrom the date of your arrest to schedule an administrative hearing. Alternately you can have a Santa Clara DUI lawyer do this for you. Failure to request this hearing within the prescribed timeframe will result in your license being automatically suspended 30 days from the date of your arrest.
The hearing is conducted by a DMV employee, not a judge. He or she will review the police report and any evidence presented in order to make a determination as to whether your driver's license should be suspended or revoked. Your Santa Clara DUI lawyer will have the opportunity to present witness testimony, rebuttal evidence, and utilize other legal strategies in order to help you retain your driving privileges. At the end of all testimony, the DMV hearing officer will review the case as it was presented and send a formal written notice to your Santa Clara DUI attorney. This can take two weeks or more.
DMV Penalties
As a general rule, first-time Santa Clara DUI offenses result in a four month suspension of the driver's license of the offender. However, there are several exceptions. If you were under the age of twenty-one, refused chemical testing, or this is a repeat DUI offense within a 10-year period, the DMV will likely issue a one-year license suspension. In addition to license suspension or revocation the DMV also has the right to require other conditions to be met before your license may be reinstated. These conditions include your having to attend Alcoholics Anonymous meetings or substance abuse education classes. An experienced Santa Clara DUI attorney may be able to petition the DMV so that you can get a restricted license. This will allow you to drive to and from work, school, and other specified places.
Benefits of Requesting a Hearing and Hiring a Santa Clara DUI Attorney
Often, when our Santa Clara DUI law firm requests a hearing, we are able to obtain an extension to the 30-day temporary license issued at the time of your arrest. Sometimes, this extension can last several months until a client's DMV hearing is held. Hiring a skilled Santa Clara DUI attorney can provide you with the best possible outcome on all fronts. Attempting to handle things on your own almost always results in a loss of driving privileges. Contact us today for a Santa Clara DUI case review.
