If you have been arrested for a DUI in Humboldt County, you were likely given a pink notice of suspension and temporary driver’s license at the time of your arrest or release from jail.  It is important that you seek legal advice immediately because you have only ten (10) days after receipt of the notice of suspension to request a Department of Motor Vehicles (“DMV”) hearing or your license will be administratively suspended by the DMV.  If you are 21 years of age or older, and took a blood, breath, or urine test, and the results showed .08% Blood Alcohol Content (“BAC”) or more, a first offense may result in a four (4) month suspension and a second offense within 10 (ten) years may result in a one (1) year suspension.  Click here for additional important information.
The DMV administrative license suspension is an entirely separate proceeding from a criminal prosecution.  A DMV administrative suspension and a criminal charge in state court can each have license consequences. Therefore, it is important that you separately address the DMV administrative suspension, which has the short ten (10) day deadline by which you may request a hearing to challenge the suspension. An attorney may assist you with a hearing request to DMV to challenge the suspension and with the hearing itself.  According to the DMV:
The DMV hearing is an administrative proceeding regarding your driving privilege and the circumstances      surrounding the arrest, not whether you are innocent or guilty of a criminal act.  Only the following issues will be discussed:
If you took a blood or breath or (if applicable) a urine test:
Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140 , 23152 , or 23153?
Were you placed under lawful arrest?
Were you driving a motor vehicle when you had 0.08% or more by weight of alcohol in your blood?
If you refused or failed to complete a blood, breath test, or (if applicable) a urine test:
Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140 , 23152 , or, 23153 ?
Were you placed under lawful arrest?
Were you told that if you refused to submit to or failed to complete a test of your blood, breath, or (when applicable) urine, your driving privilege would be suspended for one year or revoked for two or three years?
Did you refuse to submit to or failed to complete a blood or breath test, or (if applicable) a urine test after being requested to do so by a peace officer?
Additional information on the subject of administrative hearings and criminal DUI charges can be found here.
The DMV also makes available on its website a useful blood alcohol concentration chart.
The Janssen Law Firm can assist you should you require a DUI lawyer for a DMV administrative hearing or DUI criminal charge in Humboldt County.
Posted in Criminal Law, DUI Arrests, Uncategorized | No Comments »
Tags: Criminal Law, DUI