The weird world of the California DMV Adminstrative Per Se Hearing

If you've been arrested for drunk driving or dui in California, you will soon discover the State has "two bites of your apple":  a court action threatening you with jail time and a DMV DUI administrative action threatening the loss of your privilege to drive in California (and potentially, nationally).  And a conviction in the court system is not considered "Double Jeapardy," preventing that additional administrative hearing from going forward against you.  And to add injury to insult, in most instances, a win at the DMV does not stop the Court from prosecuting you, nor does a dismissal of your DUI at the Court dismiss the DMV's administrative action.  Although prosecutors are college and law school -educated in law and science, most DMV hearing officers are without this graduate, legal or professional background, and yet are making life-changing decisions about technically demanding issues for people who need to drive!

Driving in California is considered a "privilege," not a constitutional right. The DMV's "Implied Consent" law imposes a duty to drive without physical impairment or an obtained blood alcohol level of .08% or above, or you risk the loss of your privilege.  You have no right to refuse to provide this evidence (blood, breath or urine samples), or demand the assistance of lawyers, family or friends before you choose to comply.  Refusal threatens you with the loss of your licence for a least a year, and the prospect of jail time and additional punishments at court.

Don't run this mine field without a map!  Only an DUI Lawyer trained in DMV Hearing Defense should be trusted with the special defenses that distinguish the DMV's action against you from the Court's.  It's just that important!


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