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DUI DMV Suspensions

Posted by Joel Bailey | Jun 07, 2016 | 0 Comments


You can avoid DUI DMV suspensions with the right attorney in certain circumstances.  If you have been arrested for a DUI in California, it is imperative that you request a DMV Admin Per Se (APS) hearing within 10 days of the date of your arrest, or you forfeit your right to fight the suspension.   The DMV will automatically suspend the driving privilege of any driver arrested for a DUI.  Its even better to hire a competent, aggressive attorney as soon as possible, and he will deal with the DMV for you.  In over 22 years of experience, I have handled thousands of DUI cases, and conducted thousands of DMV hearings as well.

I will always request and obtain a stay on the suspension of your license, meaning you will not lose your privilege to drive unless and/or until a proper hearing has been conducted.  I will also request discovery, which is are the police, witness and lab reports.  I enforce your right to receive and review all evidence against you at least ten (10) days prior to your hearing date.

The DMV hearing is completely separate from any criminal prosecution, although arising out of the same arrest or set of facts.  Many clients think they can address the DMV suspension once the get to court, but this is incorrect. Not only will it be too late by the time your get to court, but also the judge has no jurisdictional authority to control the DMV action.


At the DMV APS hearing, a hearing officer (not a judge or even an attorney) must make the following three findings, by a preponderance of evidence (more likely than not, or 51% certainty):

  1.  Was there reasonable suspicion to detain;
  2. Was there probable cause to arrest; and
  3.  Did the driver have 0.08% Blood alcohol (BAC) at the time of driving.  (For drivers under 21, 0.01% BAC will result in a one year suspension for a first offense)


Most DMV defenses are fact-specific, however, I have been successful in avoiding DMV suspensions using a variety of defenses, such as:

  1.  The officer lacked reasonable suspicion to detain or stop your vehicle;
  2. The officer failed to supply sufficient specificity of facts to justify either the detention or arrest;
  3.  The officer did not observe any driving of the vehicle, and no proof of time of driving was established;
  4. The officer lacked probable cause to arrest;
  5. A rising blood-alcohol pattern established that although your BAC may have been over .08 at the time of the test, it was substantially lower at the time of driving; and
  6. The blood was not drawn in a medically-approved manner, it was not drawn within 3 hours of the time of driving, the chain of custody of the blood sample had not been proven, or the blood was re-tested and found to be below .08.


Timing is critical for DUI DMV suspensions.  The available defenses,especially the most effective ones, can be quite technical.  An aggressive attorney like myself can fight to get your license back, but you need to call today.  760 643 4025 for a free consultation, hablo espanol.

About the Author

Joel Bailey

ATTORNEY BIO & EXPERIENCE Attorney Joel W. Bailey was born and raised in San Diego, California. He graduated from La Jolla High School, and earned degrees in Psychology, Sociology and Political Science from UC Santa Barbara, as well as completing a semester at the Universidad de Madrid in Spain....


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