Monday, May 9, 2011

5 important California DUI / DMV facts

5. A DUI attorney must request a hearing from California DMV within ten days.

4. If driving in California with a license from a different state, under the Interstate Compact, such state can suspend your driving privilege via reciprocity.

3. 3 issues are disputable at a California DMV hearing if blood or breath test was done. Otherwise 4 issues for under 21 or refusal cases.

The main issues frequently include if the officer had probable cause to contact the purported driver, whether the DUI breath or blood test evidence is even admissible, rebuttable, unreliable, inaccurate and/or untrustworthy, and whether reasonable cause existed to believe the person was under the influence of alcohol.

2. California DMV must sustain the burden of proof on every issue, in order to suspend. If DMV meets the burden of proof on less than all, the driver prevails.

1. California DMV attorneys must focus and prevail on at least one DMV issue to save a license, and not pay reissue fee or file an SR-22.

California DUI Attorneys