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Riverside County Drunk Driving

Riverside County DMV DUI Hearings

Riverside DMV DUI Hearings

According to Federal and State Constitutions, no one shall be deprived of property without due process of law. This means that you are entitled to a notice of any action that the California Department of Motor Vehicles may strive to take against your driver’s license and have an opportunity to be heard in a formal hearing.

Upon being arrested for DUI-DWI in Riverside County, the arresting officer will give you a notice of license suspension. You will need to contact your local Driver Safety Office with-in 10 calendar days to schedule a DMV administrative hearing. Riverside County DUI APS DMV hearings most often take place at the San Bernardino County Driver Safety Office. This hearing grants you the opportunity to contest the DMV’s decision to suspend your driver’s license.

It is not the purpose of the DMV hearing assess your innocence or guilt, but is simply an administrative proceeding that focuses on reviewing the circumstances surrounding your arrest and determining whether or not viable justification to suspend your driving privileges should be suspended.

While you are not required to retain a DUI attorney to represent you at your DMV DUI hearing, you have the right to do so. During the hearing, you or your Riverside County defense lawyer have the right to review evidence, cross examine any witnesses from the department, and you can present evidence, testimony and witnesses on your own behalf.

During the hearing the following points will be reviewed:

If your blood or breath were tested for alcohol:

  • Did the arresting officer have reasonable cause to believe you were driving a motor vehicle in violation of California Vehicle Codes related to DUI?
  • Were you placed under lawful arrest?
  • At the time of driving a motor vehicle, did you have a BAC of 0.08% or more in your blood?

If you refused or failed to complete a blood or breath test:

  • Did the law enforcement officer have reasonable cause to believe you were driving under the influence as stated by California DUI laws?
  • Were you placed under lawful arrest?
  • Were you informed that a refusal to submit to or failing to complete a test of your blood, breath, or urine, can result in your driving privilege being suspended for one year or revoked for two or three years?
  • Did you decline a request to submit to or fail to complete a blood, breath, or a urine test by a peace officer?

The DMV DUI administrative hearing is very powerful, yet separate from any action an Riverside County criminal court may take against you. While winning the DMV hearing will not impact a court decision in Riverside County, losing the hearing can only compound the consequences of being stopped for DUI-DWI.

Statistically, individuals who choose to retain a knowledgeable DUI lawyer to represent them at their DMV hearings stand a far better chance of winning the hearing than those who opt to defend themselves.

More DUI Information:

What to ask a DUI lawyer
Riverside County DUI Schools
The DUI Process
SR-22

RiversideCountyDUIinformation.com is an informational website provided by a top Riverside County DUI lawyer to help those charged with drunk driving in these Riverside County cities: Banning, Beaumont, Blythe, Calimesa, Cathedral City, Coachella, Corona, Desert Hot Springs, Hemet, Indian Wells, Indio, La Quinta, Lake, Lake Elsinore, Moreno Valley, Murrieta, Norco, Palm Desert, Palm Springs, Perris, Rancho Mirage, Riverside, San Jacinto and Temecula.