Can I request a DMV hearing for a drug DUI?
I just got arrested for driving under the influence of prescription drugs. A police officer pulled me over for an illegal turn and found Xanax in my car. I failed the sobriety tests and he gave me a DUI. Can I still ask the judge for a DMV hearing or is this only for alcohol DUIs?
Law Office of Joe Dane
| Joe Dane
Orange, CA
Orange, CA
The DMV holds their hearings in DUI cases where alcohol in involved. They look at three issues only: Were you driving? Were you lawfully arrested? Was your blood alcohol 0.08% or above? For drug DUI cases, if you are convicted, the DMV will suspend your license, but assuming it is a prescription drug DUI case only with no alcohol involved, the DMV should set aside any automatic suspension. If you are convicted of DUI, the DMV will suspend your license and you will have to go through the first offender program and jump through the DMVs hoops in order to get your license restricted and/or reinstated.
Answer Applies to: California
Replied: 9/3/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/3/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Eric Sterkenburg
You can request a DMV hearing. However, it has to be requested within ten days of the ticket.
Answer Applies to: California
Replied: 9/4/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/4/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Offices of James C. Bechler, A.P.C.
A DMV hearing is held by the DMV. It is an administrative hearing held at the DMV safety office. They will notify you if they want to have a hearing. It needs to prove you had an Blood Alcohol Content of .08 to suspend your license. You should fight it.
Answer Applies to: California
Replied: 9/4/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/4/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Lindsey McGregor
You can request a DMV hearing, but must do so within 10 days of your arrest. Feel free to contact me if you have any other questions.
Answer Applies to: California
Replied: 9/3/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/3/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Offices of Ramona Hallam
Yes. You still have the right to a DMV hearing which should be requested in proper form and not to the judge! Bad news for you, if you are found guilty, you will be subject to all of the DUI penalties. You really should retain counsel.
Answer Applies to: California
Replied: 9/2/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/2/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Law Office of Denis White
The DMV does not take any action via APS hearings absent blood "alcohol" levels of .08 or higher. Further, the court does not generally involve itself or make any orders about a person's license on a first offense, if they are over 21. If there is a conviction for a DUI under VC23152(a) that will set into motion a suspension/restriction.
Answer Applies to: California
Replied: 9/2/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/2/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Nelson & Lawless
You dont ask the judge for a DMV hearing. If you were charged with DUI, then upon release from jail or booking, you will be given documents that include a notice from DMV that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic one-year suspension of your license. Contact DMV and do so, timely. You can hire an attorney for that
hearing if you want.
If you are serious about hiring counsel for the DMV hearing, or to represent you in the criminal charges, feel free to contact me. Your attorney can determine if there are grounds for evidence suppression or other motions, or defenses to use in plea bargaining or trial.
Answer Applies to: California
Replied: 9/2/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
hearing if you want.
If you are serious about hiring counsel for the DMV hearing, or to represent you in the criminal charges, feel free to contact me. Your attorney can determine if there are grounds for evidence suppression or other motions, or defenses to use in plea bargaining or trial.
Answer Applies to: California
Replied: 9/2/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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