When challenging a DUI-related driver’s license suspension via a Beverly Hills DMV administrative hearing, it is important to remember that typical court procedures do not apply as the administrative hearing is governed by its own set of policies and procedures under the DMV and DUI Suspension Codes.
After a person is arrested for a Beverly Hills DUI offense, the driver must deal with the prosecution of the criminal case at the Airport Courthouse, located at 11701 South La Cienega Boulevard, Los Angeles, CA 90045 as well as the administrative driver’s license suspension which is handled independently by the El Segundo Driver’s Safety Office of the California Department of Motor Vehicles.
The administrative portion of a DUI arrest begins at the time an officer from the Beverly Hills Police Department, Los Angeles County Sheriff’s Department, California Highway Patrol or any other law enforcement agency operating within the Beverly Hills area takes away that driver’s California license. The driver is provided a notice that his or her license will be suspended in 30 days as a result of the DUI arrest. The driver will be given a temporary license that would be valid during the 30 days leading up to the suspension. When completing the arrest paperwork, the officer will fill out a DMV form knows as the DS-367, which is provided to the Department of Motor Vehicles and includes the facts relating to the DUI arrest. The driver has ten days starting from the time of the arrest to challenge the license suspension. If he or she fails to request an administrative hearing, the license suspension will automatically become effective.
For those drivers who have an out-of-state driver’s license, the California DMV cannot revoke the driving privileges granted by that other state, however it can suspend or revoke the driver’s ability to drive legally in California. These drivers can also request an administrative hearing to fight the DMV action.
A DMV administrative hearing adheres to different practices and procedures from those followed in court, and having an attorney handle the Beverly Hills administrative hearing is highly recommended. An effective Beverly Hills DUI attorney can ensure that a timely request is filed and can see to it that his client’s license is vigorously defended before the DMV.
At the DMV administrative hearing, which can be held telephonically or in person at the DMV Drivers Safety Office, the hearing officer assigned to the matter will consider the evidence and determine whether the license suspension should be upheld. The hearing officer is an employee of the DMV who is not a judge and not an attorney. The hearing officer effectively acts as both the prosecutor who presents the evidence and the judge who is ultimately charged with rendering a decision. The hearing officer will consider the DS-367, the officer’s reports, relevant witness testimony and lab results when rendering a decision. If the hearing officer ultimately rules in favor of the driver, the suspension will be “set aside” and effectively nullified. If the hearing officer finds that the burden for suspension has been met, the license suspension will be reinstated.
The administrative suspension that would be imposed on a driver who is 21 or older and has no prior DUI suspensions would be four months. The driver would be able to get a restricted license which would allow travel to and from work after 30 days as long as he or she has enrolled in an alcohol education class, has obtained a supplemental SR-22 policy and has paid a $125 DMV reinstatement fee. Obtaining a restricted license extends the suspension by an additional two months. It is important to remember that a conviction in court for a Beverly Hills DUI offense will carry its own license suspension, however in most cases the driver would be eligible for a restricted license upon installation of an Ignition Interlock Device (“IID”) that would make the car inoperable if the driver has been drinking.
The suspension would be a year for Beverly Hills drivers who were under 21 at the time of arrest, who refused to submit to chemical testing or who have had a prior DUI-related suspension of their driving privileges. For the majority of drivers who meet these conditions, the suspension lasts for a year (or longer) and provides no opportunity for a restricted license. Drivers dealing with their second DUI offense who are subsequently convicted in court may be eligible for a restricted license with an IID if they were not on probation for their first DUI when they were arrested for the second offense.
If you have been arrested for a DUI offense in Beverly Hills it is absolutely critical that you contact a qualified Beverly Hills DUI Attorney right away as there are fast-approaching DMV deadlines that simply cannot be missed. Beverly Hills DUI Lawyer Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience who is highly adept at defending his clients in both the criminal and administrative portions of a DUI case.
For more information about Beverly Hills DMV and DUI Suspension Codes, and to schedule your free consultation, contact Beverly Hills DUI Lawyer Michael Kraut at the Kraut Criminal & DUI Lawyers located at 8484 Wilshire Boulevard, Suite 660B, Beverly Hills, CA 90211-3220. Mr. Kraut can be reached 24/7 at 310-550-6935.