At the beginning of 2022, the law regarding DUI diversion changed. DUIs are no longer eligible for diversion in California. Please contact our office with any questions. Email us at abortellaw@gmail.com OR Call us at: (415) 523-7878

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Law Firm of Aaron Bortel

What You Need To Know About DMV License Suspension After A DUI In California


DMV License Suspension After A DUI In CaliforniaIs My License Suspended Immediately After A DUI Arrest In The San Francisco Bay Area?

If arrested for a DUI in the San Francisco Bay Area, your license is not immediately suspended following the arrest. Suppose you had a valid license when pulled over for a DUI. In that case, the officers usually take your driver’s license, especially with an alcohol DUI. The officer then gives you a Notice of Suspension.

The Notice of Suspension, in tiny print, explains that the notice is a temporary license and is valid for 30 days. So you have a license, and the Notice of Suspension is your license. Immediately, your next step is to hire the best DUI attorney who only does DUI defense in the county where you got arrested.

Then, within 10 days of your arrest, you or your attorney can contact the local Driver’s Safety Office of the Department of Motor Vehicles (DMV) and request an Administrative Hearing. Requesting the DMV Administrative Hearing within 10 days of arrest will stay the suspension that takes effect in 30 days, as it says on the Notice of Suspension.

As your DUI defense attorney, Aaron Bortel can keep you driving for many months, sometimes well over a year, while he fights your case in court and at the DMV. If your license was valid when you got pulled over, your license is not suspended when you leave the jail or hospital.

However, you only have ten days to request the hearing, so hire a lawyer to help because steps must be taken so you can continue to drive. Often, your attorney can have a say in which hearing officer you will get for the hearing, which makes a big difference. After all, some hearing officers are much more willing to follow the law versus those trained to suspend everybody, which is not okay.

Should I Hire A DUI Defense Attorney Immediately After My Arrest In San Francisco Bay Area?

You must hire the best DUI defense lawyer you can afford. But unfortunately, many people wait to see the police report. Meanwhile, they can miss deadlines or make bad decisions on how to proceed.

Things can happen that will result in you getting convicted or lessen your chance of getting a good result. For example, you may end up having harsher conditions while your case is in court because you did not talk to an experienced DUI lawyer who deals with that county court all the time.

For example, unfavorable conditions, such as previous DUIs on your record, get the prosecution to ask the judge for conditions or reconnaissance conditions. Suppose the judge is upset about your charges. The judge could tell you that you will have to wear an alcohol monitor around your ankle while this case is going on.

Not only will the judge order you to go to meetings, but they will want to ensure you’re not drinking while your case is open. So, you’re strapped with an ankle monitor that you can’t take off. The ankle monitors often cause skin irritations and set off metal detectors. You can’t go swimming. You can’t submerge it in water, so no baths. It’s extremely uncomfortable to sleep with, and you feel like a prisoner for many months while your case is open.

As a DUI attorney, Aaron has seen harsh conditions ordered for people because they did not contact the best DUI lawyer they could find and hire as soon as possible. You do not have to hire a lawyer the day after your arrest. Instead, you need to hydrate and get some sleep to clear your head.

Then talk to a DUI lawyer and do so as quickly as possible.

Do I Need To Hire A DUI Lawyer For My Driver’s License?

You or your lawyer must request the DMV Administrative Hearing within 10 days of your arrest to preserve your license. So, for example, if you’re arrested Saturday at 10 pm, then Sunday is day one. So, within 10 calendar days, someone has to request a hearing with the Department of Motor Vehicles. Otherwise, within 30 days of your arrest, your license goes into suspension.

You need to hire a lawyer who knows what they’re doing, deals with the Department of Motor Vehicles (DMV), and covers the county where your case occurred.

It is vital to get a lawyer to request the hearing because the lawyer can have a hand in often choosing which hearing officer is going to get the case.

Getting the proper hearing officer is vital because some tend to deny every hearing and suspend every license. In contrast, others are better judges and follow the law, and you have a chance to win if you’ve got a winnable case at the DMV.

How Do I Request A DMV Hearing After A DUI Arrest In The San Francisco Bay Area? Can A DUI Attorney Request A DMV Hearing For Me?

The best way to request a hearing, make sure it’s done correctly and ensure that we get the best hearing officer is to hire a good DUI lawyer. Contact DUI Attorney Aaron Bortel, who specializes in DUI defense, and have him request the hearing with DMV.

Aaron Bortel is professional and will fight to protect your rights. Aaron will ensure the request is made by faxing your request to the DMV Driver’s Safety Office. With that fax receipt, you get a date stamp. He then mails a copy of the fax and receipt to the DMV Driver’s Safety Office so they get the request for a hearing twice.

We have proof if there’s ever a question about whether you requested a hearing because we have evidence that we requested on time. The DMV Hearing is where the DMV tries to remove your driving privilege. Aaron can get a stay and keep you driving for many months, often over a year, while the case is open. So, requesting a hearing within 10 days and having a DUI lawyer make the request for you is especially important.

For more information on DMV License Suspension In SF Bay Area, CA, a free initial consultation is your next best step. Get the information and legal answers you seek by calling (415) 523-7878 today.

Aaron Bortel

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