Orange County DMV Hearing Attorney

Legal Aid for DMV Hearings

The DMV hearing is a crucial part of an Orange County DUI case. A driver must call the DMV and schedule his or her hearing within 10 days of his or her arrest in order to avoid automatic license suspension. Separate from the criminal DUI court process, the DMV hearing is held in regards to the individual’s license suspension. The California Department of Motor Vehicles alone determines the suspension or revocation of an individual’s driver’s license after a driving under the influence arrest.  

An Orange County DUI attorney should be able to defend a client not only in court but at their DMV hearing as well, in order to provide the best services possible. When we take on a case, we will prepare for the DMV hearing as we would for a court appearance – thoroughly conducting our research and investigation in order to provide superior legal representation.

DMV hearings are also referred to as administrative per se hearings or APS hearings. These are held at the Drivers Safety Office of the DMV and are overseen by a DMV employee, a “Hearing Officer.” At this hearing, presided by a Hearing Officer of the DMV, is often highly technical. The hearing is held to determine whether the driver was in fact driving with a blood alcohol concentration of .08%, and thus breathalyzer test or blood test results play a major role.

DMV Hearings in Orange County, CA

The lawyers at Gold & Witham are experienced in guiding clients through the entire DMV hearing process, giving them the best opportunity of getting their license back. DMV hearings are held similarly to a criminal trial, with a few important exceptions. First, the DMV employee serves as both judge and prosecutor. Second, a public defender is not available to a defendant in a DMV hearing, as it is not a criminal process. Third, Fifth Amendment rights do not apply – meaning a driver may be forced to take the stand and testify against him or herself in the hearing. Thus it is absolutely crucial that any individual arrested for DUI consult an Orange County DMV hearing lawyer immediately. Only with the help of an attorney or lawyer will a driver have any chance of being successful in his or her DMV hearing.

Contact an Orange County DMV hearing attorney to schedule your initial case consultation!