San Diego DUIs & the Related DMV Administrative Per Se License Suspension Hearing
In the County of San Diego, an individual arrested for DUI (or his or her attorney), has only 10 DAYS to request or demand for a hearing to avoid your license being suspended automatically by the DMV. These are also known as Administrative Per Se (APS) hearings. This deadline is hard and fast, and there are no exceptions. For this reason, it is crucial that you act or contact an attorney immediately when faced with a DUI arrest. Not having your license can impact your life, work, and finances. Without making this request, your license will be suspended automatically thirty (30) days after your DUI arrest.
If you timely request a hearing, you will be provided a temporary drivers license that is valid until you receive the results of the DMV hearing. Thus, you get to keep driving until the DMV makes a decision during the administrative process. This process can be confusing because the DMV hearing officers are not lawyers or judges, but rather DMV employees assigned to hear each case, many with little or no training regarding the process.
The DMV hearing officer will only address four issues: did the peace office have reasonable cause to believe you sere driving under the influence; were you lawfully arrested; did you refuse to submit to, or did you not complete, the test as required by the office; and were you properly told that your license would be suspended or revoked if you refused the test? A skilled defense attorney can help you assert all the proper defenses applicable to your DMV hearing. Don’t wait or delay or you will miss your deadline to request your APS hearing.