Administrative Per se License Suspensions and DMV Hearings

One of the consequences of a DUI/DWI arrest and other traffic violations in California is that you can lose your driver's license. If charged with driving under the influence, you need to act quickly to prevent your driver's license from being suspended. You only have 10 days from your DUI arrest to request an administrative hearing with the California Department of Motor Vehicles. The suspension of your license will be stayed until after the outcome of the hearing, which is often times does not take place until months after your arrest. DMV hearings are independent of criminal court proceedings for the actual DUI.

At the Law Office of John Stanko, I am exclusively dedicated to criminal defense and DUI matters for clients throughout Northern California's San Francisco Bay Area. My office can help you obtain a DMV hearing and may be able to prevent the immediate loss of your driving privileges. Call 415-755-8899, or contact me online today for help from an experienced lawyer at your driver's license suspension hearing.

When you are facing DUI charges, failure to request a DMV hearing will result in the automatic loss of your driver’s license from four months to up to a year, seriously affecting your job and ability to care for your family. DUI administrative suspensions go into effect 30 days after your arrest. Under certain circumstances, if you fail to request a hearing within 10 days, one may still be arranged.

As your DUI defense attorney, I have the experience to help ensure you get a hearing in time, the suspension is justified and all related matters are properly resolved.

DMV administrative hearings are conducted by a DMV hearing officer who is simply a DMV employee, not a judge or an attorney. The hearing office is not deciding whether you are guilty or innocent of a DUI but is tasked with considering whether 3 issues, presumed to be true, are substantiated by the arresting police officer’s submissions, DUI police report and DMV forms.

The 3 DMV DUI hearing issues:

1. Did the officer have probable cause to believe that you were driving under the influence?
2. Were you lawfully arrested?
3. Were you driving with a blood alcohol concentration (BAC) of .08% or more?

If a you refused to take a chemical test the DMV must also determine whether the police officer informed you that if you refused a chemical test your license will be revoked or suspended license, and whether you willfully refused to a test?

DMV hearings are vital to keeping your driver's license when you face a DUI charge in Marin County and neighboring Bay Area counties. Most DMV hearings in Northern California are held at DMV Driver Safety Offices located in San Francisco, Santa Rosa, Oakland, Sacramento and San Jose.

The San Rafael based Law Office of John Stanko represents people in front hearing officers at the California Department of Motor Vehicles offices throughout the San Francisco Bay Area on a variety of driver's license issues.

In addition to DUI related administrative per se suspensions and revocations, the DMV can initiate suspension or revocation proceedings against California licensed drivers for numerous reasons and Attorney John Stanko can help those people save their driving privilege. Out of state drivers driving in California can also have their privilige to drive in California suspended or revoked by the DMV.

• Negligent Operator Suspensions.
• Unsafe driver revocations.
• Medical related suspensions and revocations.
• Juvenile driver suspensions and provisional license issues.

For your free consultation and evaluation of your license suspension and DMV hearing issues, call at 415-755-8899 , or contact me online at my firm, the Law Office of John Stanko