In the case you are convicted of DUI, your driving license is suspended. In such a case, an experienced Newport Beach DUI lawyer can help have your driving privileges restored.
Once a DUI screening tests positive, your license is suspended and you are issued with a temporary 30-day license. While the temporary license works as well as a full license, you have 10 days to request for a DMV hearing. Otherwise, you face an automatic suspension. This is why it is important to hire a DUI lawyer immediately after the arrest so that he can contact the DMV on your behalf within the 10 days.
A DMV hearing is based on the following legal issues:
- Driving a motor vehicle with a minimum of 0.08% of alcohol weight in your system
- Lawful arrest
- Probable cause
The evidence presented by the DMV has to be admissible and your attorney will present your legal objections. Lack of enough evidence implies that you automatically win the case and your license will not be affected.
Defenses in a DUI case
Once the DMV make their case and table their evidence, you have to retaliate by demonstrating that either official standards were not followed. You can also state that the facts are contrary to the claims. This shifts the burden back to the DMV and they have to establish that the decision to suspend the license is still valid. Thus, they have to provide more evidence so that the case weighs in their favor. A skilled Newport Beach DUI lawyer could argue that:
- The presented facts of the case do not support the action taken by the DMV
- The actual alcohol levels in the system were not as high as those reported
- The existence of an inaccurate or a vague comment or phrase that renders the reports unreliable
- There was a premeditated decision written at the DMV as soon as the reports came in
With a DUI attorney handling your case, you have a higher chance of winning and getting your license reinstated.
What are the risks in case you lose?
Chances of losing the case will be high if you handle it yourself. You risk having your driver’s license suspended from anywhere between 4 months to 3 years. The period depends on the percentage of alcohol content in your blood and your co-operation to take the chemical test. In case this is your first DUI case, you will have to attend and complete an alcohol school and present an SR22 insurance proof. Your legal representative will guide you in what you need to do.
With an outstanding DUI representation success, The Law Office of Barry T. Simons has proven its reliability. Having handled a multitude of DUI cases, we know the ropes on how to save your driver’s license.