You must take action within 10 days!
After being arrested for a DUI, the Department of Motor Vehicles will suspend your license, unless you take action.
What is a DMV Administrative Per Se Hearing?
The DMV/APS hearing is an administrative hearing held by the DMV following your DUI arrest, and is not a criminal proceeding. It is your only opportunity to save your license from being automatically suspended or revoked. During your hearing, you and your attorney will present a case to the DMV to show why your license should not be suspended. This is not the same as your court hearing. Each one is its own separate entity, and the results of your APS hearing with the DMV will not affect your court case.
However, having an APS hearing is not automatic. You must request a hearing from the DMV within 10 days of your arrest, or your right to have that hearing will be forfeited. If you do not request a hearing within 10 days, your license will be suspended or revoked automatically, without the chance for you to argue why you should keep your license.
What is the pink copy of the temporary driver license?
When you are arrested for a DUI, the police will take away your California driver's license and give you a pink piece of paper from the DMV. This is now your temporary driver license. Many people set it aside, and don't give it another thought. Others begin to read it, and struggle to find any useful information within the typically convoluted DMV wording. Still others may see that the temporary driver license expires “midnight 30 days from the issue date,” and think they have 30 days to take care of things. Wrong!
The DMV has certainly not helped to make it clear what an Administrative Per Se hearing is, or how important the deadlines could be. A little over halfway down on the page, under HEARING NOTICE, you will find the following wording: "You have 10 days from the receipt of this notice to request a hearing to show that suspension or revocation is not justified."
The suspension or revocation will not be stayed or delayed, unless you request a hearing within 10 days from the issue date of the order. Those 10 days run from the date of your arrest or detention. Weekends and holidays count towards that 10 day deadline. Because the timeline is short, and consequences are great, you must act quickly.
How do you request a DMV hearing?
The DMV has not made the process easy. You need to know who to call. If you simply call your local DMV office, or the telephone number at the top of the form, they may tell you that you cannot schedule anything until after your license is suspended or revoked. This is neither true, nor is it the same process as requesting a DMV hearing.
To schedule a DMV/APS hearing, you must call the Driver Safety Office. A dedicated local DUI attorney can help to fast-track the process because they know who to call. They know the hearing officers and support staff at the Driver Safety Office, and know who to talk to in order to schedule an APS hearing.
Preparation before the APS hearing.
After requesting and scheduling an APS hearing, the individual facts and circumstances of your case require in-depth investigation. It is not enough to simply argue to the DMV that you need to drive for your job or school. Pleading for mercy will not get your license back. In fact, your need for a license cannot even be considered at the hearing.
This is where having a qualified, experienced and local lawyer will really make an impact. The right lawyer will investigate the following issues to determine how best to fight for you and keep your license.
DUI Attorney Lynn Gorelick of the Gorelick Law Offices investigates the specific facts of each and every case herself, leaving no stone unturned. This includes:
- Police pulling over the car: Did the police have probable cause to pull over the car?
As your lawyer, Lynn Gorelick will look at all the facts pertaining to your case. Before your hearing with the DMV, Ms. Gorelick will subpoena the police department communication logs, audio and/or video records, as well as other important documents, and analyze the case from both sides. With over 30 years of experience and training in DUI law, Ms. Gorelick knows what facts and laws will help your case. Working exclusively with clients in cases in Alameda County and Contra Costa County, Lynn Gorelick knows the police officers involved.
- Field sobriety tests: Which field sobriety tests were administered? How were the tests administered? What instructions did the police officer give? How were the results analyzed? What is the scientific basis for these field sobriety tests?
Subpoenaed machine records can uncover flaws in what tests were used, how the instructions were given, and what the tests demonstrated. As an experienced DUI defense attorney, Lynn Gorelick knows how an improper field sobriety test can work in your defense. Ms. Gorelick received the same training as the local police officers in conducting field sobriety tests, by the same training organization. After 30 years of DUI experience in Alameda and Contra Costa counties, Lynn Gorelick is familiar with the same police officers who pulled you over, and conducted the field sobriety tests.
- Breath, blood or urine tests: How and when were these tests given? What machines were used for testing? When were the machines calibrated? How were the results analyzed? If a test was refused, did the officer properly explain the options and consequences for not taking a test?
Records for these machines, as well as other laboratory, training and compliance documents, will be subpoenaed and investigated. Staying up to date with the latest changes in the law, as well as the latest developments in chemical testing, Lynn Gorelick understands the science behind these tests. Ms. Gorelick has had the same training as the police in administering and analyzing these tests. She knows how to operate the machines, how to calibrate the machines, and what the readings demonstrate from both a scientific and legal perspective.
During your APS hearing.
You do not have to face this hearing alone. Lynn Gorelick will attend the DMV hearing with you. Ms. Gorelick will represent you throughout the entire process, from initial interview through the end. Ms. Gorelick will take all the evidence compiled from an in-depth investigation into your case, and present it during the hearing. Ms. Gorelick will argue why both factually and legally, your license should not be suspended.
With over 30 years of DUI experience, Lynn Gorelick not only understands the law but the science required to fight for you during hearing with the DMV. Ms. Gorelick will defend your case, and fight for you to keep your driver's license. A DUI arrest does not automatically mean your license will be suspended, unless you fail to act fast. Whether you are arrested in Oakland, Berkeley, Fremont, Hayward, Dublin, Walnut Creek, San Ramon, or anywhere else in Alameda or Contra Costa County, Lynn Gorelick is experienced and familiar with the local DUI laws, and the local officers, and will fight to keep your license and driving privileges.