Wednesday, May 28, 2008

California DUI - DMV Hearings Can Be Won

California DUI - DMV Hearings Can Be Won

Some people arrested for a California DUI think that if their blood or breath test was 0.08% or more, they will automatically lose their license. This is not always true.

It certainly is not true for those who hire a California DUI attorney to timely request a hearing within 10 days of the arrest/detention date.

California DMV is required by law to immediately suspend the driver’s license of anyone arrested for (not convicted of) California DUI who (1) has a .08% California DUI breath reading, or (2) takes a California DUI blood test (which will be analyzed later), or (3) refuses to take any California DUI test. This "stop & snatch" law means immediately -- on the spot: the license is grabbed and the California DUI DMV suspension is legally effective the moment the California DUI officer signs the California DUI DMV notice (whether or not you receive it).

Your California DUI lawyer has to then fight to get your license back. It can be done.

Did you know there are a number of legal & technical California DUI arguments, California DUI strategies and timely California DUI DMV objections which could effectively avoid a California DUI DMV suspension?

Did you know there are California DUI scientific defenses, including but not limited to the failure to strictly comply with the California Code of Regulations, which can and do result in California DUI DMV suspensions being set aside?

Your California DUI DMV defense lawyer can find a failure of government agencies to follow the rules set forth in Title 17 of the California Code of Regulations which has resulted in successful challenges to DMV suspensions in many California DUI cases. (See

A California DUI / Drunk Driving Attorney Specialist can also help you through the process in ways that will reduce any suspension imposed by as much as 75%.