So you’ve been caught drinking and driving. Although it’s regretful that you’ve been caught, you have no time to dwell on your choices. Once you’re arrested for DUI, you have to focus on dealing with the government to get your driving privileges reinstated, and in the event of a false charge, getting your name cleared.
The officer is required by law to immediately forward a copy of the completed notice of suspension or revocation form and any driver license taken into possession, with a sworn report to the DMV. The DMV automatically conducts an administrative review that includes an examination of the officer’s report, the suspension or revocation order, and any test results. If the suspension or revocation is upheld during the administrative review, you may request a hearing to contest the suspension or revocation.
The gears of government start working automatically once you’ve been arrested for suspicion of DUI—law enforcement works in conjunction with the DMV to make sure your case gets processed into the system ASAP.
A law officer will suspend or revoke your license, confiscate your physical license, and immediately send all this information to the DMV. So while you’re in the drunk tank waiting to get out and see the light of day, law enforcement and the DMV are already working against you. The DMV then reviews your case and determines whether or not the officer was correct in their arrest. During this “administrative review,” you have no say in the proceedings and are excluded from the process.
However, do not over the look the fact that “you may request a hearing to contest the suspension or revocation,” if the DMV’s administrative review decides to uphold the arresting officer’s decision. Moreover, the right to a hearing is something you are entitled to according to the DMV: “You have the right to request a hearing from the DMV within 10 days of receipt of the suspension or revocation order.” This is a right—a protection from government over reach that all citizens are entitled to, so why not invoke this protection if it’s something you already have.
And the government can be wrong sometimes; if it were perfect, hearings would not be instituted in the first place. The DMV continues: “If the review shows there is no basis for the suspension or revocation, the action will be set aside.” So if you truly believe that you’ve been wrongly convicted in your driving under the influence charge, there are ways to contest this.
But don’t do this alone. Contract the professional legal help you need to help you clear your name and get your driving privileges reinstated and your name clear. Think about it: two separate government agencies are working against you to strip you away of your driving privileges and, indirectly, tarnish your name. I know that may sound drastic, but it’s the truth. So why take on the government on your lonesome? Don’t take on the government alone. Get professional legal help that will make sure you get a fair hearing—get the help of Mark A. Gallagher. The Law Offices of Mark A. Gallagher have over 10 years of experience of practicing criminal law in Southern California; we’ve seen thousands of cases since then, and we’re ready, willing, and able to provide you with the professional legal representation you need. We are here to help you and get your life back on track.
