San Diego DUI criminal defense lawyer news – DMV info
San Diego’s DMV Admin Per Se process is often confusing to many San Diego and visiting people, especially those facing a first time San Diego DUI.
It’s important to remember that being charged with a San Diego DUI has two completely separate aspects that must be dealt with: the San Diego Court and the San Diego DMV. Unlike the criminal process at San Diego DUI Court, the San Diego DMV is a civil matter, run by their Department of Licensing – Office of Driver Safety.
The San Diego DMV hearing officer acts as both judge and prosecutor in this procedure. As long as the San Diego DUI arrestee provided a blood or breath sample, they are usually only interested in three San Diego DUI – related issues (and related sub-issues):
1) Did the arresting San Diego officer have reasonable cause to believe that you were driving under the influence in San Diego county;
2) Was the San Diego county arrest lawful, and;
3) Was your blood alcohol an .08 or higher at the time of driving in San Diego county.
The San Diego DMV hearing process is essentially won or lost based upon technical issues that only experienced San Diego DUI defense attorneys used to dealing with the San Diego DMV can raise and argue for you.
Defending a San Diego DUI is very different from handling any other type of criminal matter. For one thing, the elements of the San Diego DUI offense are often extremely technical in their details and require a San Diego DUI criminal defense attorney who is not just merely familiar with San Diego DUI drunk driving cases but actually specializes in handling San Diego DUI cases.
That means you need a San Diego DUI lawyer who keeps up with changes in this constantly developing area of San Diego DUI practice and understands what he is dealing with. It also means that the nice lawyer you may have had represent you in an auto accident, will or business deal probably won’t be able to do you much good here.
Also, keep in mind that fighting a San Diego DUI drunk driving has two completely different aspects; the San Diego DUI Court and the San Diego DUI DMV.
Each of them requires a different expertise that only an experienced San Diego DUI drunk driving lawyer can provide.
Keep in mind that your San Diego DUI attorney specialist must request your hearing within 10 days of the date the San Diego DUI arresting officer gave you the Notice of Suspension and temporary driving license.
If your San Diego DUI lawyer fails to request the hearing within that time, the DMV is not obligated to schedule the hearing before the license expires.
Also, since strategy in scheduling the San Diego DUI DMV hearing is also an important part in successfully defending your driving privilege, you should obtain a San Diego DUI specialist attorney to represent you as quickly as possible so that he or she will be the person who contacts the San Diego DMV to request the San Diego DUI DMV hearing.
In some ways, the San Diego DMV’s punishment can be even harsher than the San Diego DUI court’s, since the San Diego DMV can actually suspend your driving privilege for four to twelve months if you fail to request the hearing or your San Diego DUI attorney does not successfully defend it.