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) 886-6333

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Law Offices of Aaron Bortel

This article uncovers:

  • If you can request a DMV hearing on your own in California.
  • Whether you can still request a DMV hearing if you missed the ten-day window.
  • The complexities that failing to do a breath or blood test brings to your DUI case.

How Do You Request A California DMV Hearing After A DUI Arrest? Can A Marin County DUI Attorney Do This For Me?

Requesting A DMV hearing in Marin County on your own is not difficult. However, having a lawyer at your side makes doing so much easier.

Our network and experience from doing this so often assist us in ensuring it is done as seamlessly as possible for you. For Marin County, admin per se is requested through the San Francisco DMV Driver’s Safety Office. We interact with that office daily, often 2-5 times a day.

Although very few DUI defense lawyers that practice in Marin County are actually located in Marin County, the Law Firm of Aaron Bortel is and can handle these issues for you. We can also help people outside of Marin Country find the right attorney for their case.

If you hire us, contacting DMV to request a hearing is one of our first tasks, assuming you hire us within ten days of your arrest. We communicate with the DMV, set up the hearing, and walk you through how to get a new duplicate license while all this is going on. We take care of the hearing, all the obligations related to court — everything.

I Missed The 10-Day Window To Request A DMV Hearing In Marin County After My DUI Charge. What Can I Do?

You will most likely need to request a belated hearing and submit a letter with it that explains why you did not request the hearing within the allotted ten days. Certain things work as excuses with DMV managers, but most do not. An experienced DUI lawyer can often help you get that hearing which also allows you to keep driving while we fight the court and DMV cases.

DMV managers were hearing officers before becoming DMV managers. We have worked with them for 30 years and they know me well. So while we cannot say that they grant a belated hearing in most cases, we can say they do in many cases and we know what works. With this, a good reason for missing the initial request date, and making contact shortly after the date (as opposed to a month or longer, for example), you have a reasonable chance to get a belated hearing.

To summarize, your situation is not outright hopeless. We have the know-how and experience to help you, but you actually need us by your side to take advantage of that fact.

What Happens To My Driver’s License After I Refused A DUI Breath Or Blood Test In Marin County?

If you refuse a DUI breath or blood test in Marin County, the police will take your license from you. Upon doing this, they will send it to the DMV and submit paperwork documenting that you refused to submit to a chemical test. It will also mention that they had to get a warrant to conduct a blood test from a judge, whether a forced blood draw or one you submitted after you refused the chemical test.

These cases are intense and come with high stakes. If you refused a chemical test, it is critical you hire a DUI lawyer. You can lose your license on a first-offense DUI for one year with no restriction possibility. Since DUIs are priorable, you could face 2-3 years of no driving if you have a prior DUI or DUIs within the last ten years. However, it should be noted that this is the worst-case scenario.

What you can do, especially with a lawyer, is request a hearing within ten days of your arrest. Although you can do this yourself, these are challenging cases. Having a lawyer at your disposal significantly improves your chances of success along the way.

Winning these cases after requesting them can be tricky. There are different approaches we tend to take to achieve this. For one, the DMV has to prove all elements of these types of cases. Our practice looks at the four elements they have to prove to try and show that at least one is not valid. The goal in doing this is to save your license.

In some cases, we can persuade a hearing officer through the Driver Safety Office to agree to do a regular DUI suspension instead of a one-year suspension. A regular DUI suspension is typically a six-month suspension where you could immediately get an ignition interlock device license or a work-restricted license. Like so many things surrounding requesting a DMV hearing in Marin County, the outcome of your case ultimately depends on its specific circumstances.

Until we see your case, evaluate it, and investigate it, we cannot indicate whether something will, may, or will not happen. This is because there are many moving parts to each case.

We believe it is in your best interest to hire a lawyer with command of the DUI law in Marin County, particularly regarding refusal allegations and suspension situations. You are looking at not being allowed to drive for a minimum of a year as a result if you do not and lose your case.

We do not make any guarantees on any case, except that we work as thoroughly as possible on yours. We walk you through the entire process. A free phone call and a free consultation, schedulable 24/7, is all it takes to get us started toward creating a better outcome for you.

For more information on Requesting A DMV Hearing In Marin County, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 886-6333 today.

Aaron Bortel

For A Free Case Evaluation
Call Us 24/7: (415) 886-6333
Text Us Now: (415) 799-3419

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