If you are arrested and charged with driving under the influence of alcohol or drugs, you face potential criminal penalties, but you also face suspension of your driver's license by the DMV. It is important act quickly and contact an experienced Sacramento DUI DMV hearing attorney today.

A DUI arrest begins two parallel proceedings. The first proceeding is a criminal prosecution, which may be a misdemeanor or felony proceeding, depending on a number of factors. The second proceeding is a Department of Motor Vehicles (DMV) license suspension or revocation proceeding. Many people arrested on suspicion of DUI focus on the criminal proceeding, and do not realize that there is a DMV proceeding. In fact, it is important to act very quickly to preserve your rights in the DMV proceeding, to help ensure that you retain your driving privileges.

Upon arrest, the driver's license of the suspected drunk driver is taken away by the arresting officer. The officer issues the driver an Order of Suspension and a temporary driver's license. The Order of Suspension tells you that you have ten (10) days to request an administrative hearing. If you do not request an administrative hearing during those ten days, the DMV will conduct an administrative review of the officer's report and accompanying documents, and in nearly all cases will uphold the suspension ordered by the arresting officer. The hearing - called an Administrative Per Se (APS) hearing - is your only real opportunity to contest the automatic suspension of your license and present your side of the story. It is essential that you act quickly to request a DMV hearing.

The DMV hearing is an administrative proceeding. It is not presided over by a judge and there is no jury. The hearing officer will review the evidence submitted by the arresting officer to determine whether the officer had reasonable cause to believe you were driving under the influence, whether you were placed under lawful arrest, and whether you were driving a motor vehicle with more than .08% blood alcohol content. An attorney on your side can help to prevent evidence from being considered by the hearing officer based on the rules of evidence, and can also present evidence that shows your innocence, helping to preserve your driving privileges.

The DMV proceeding is separate from the criminal proceeding. If the hearing officer sets aside your suspension, it has no impact on the outcome of the criminal proceeding. However, if your license is suspended by the DMV, but you are ultimately found not guilty in criminal court, the DMV will reverse the suspension. A reduction or dismissal of charges in criminal court will not necessarily help to get your suspension reversed.

The length of suspension depends upon the severity of the offense, as well as the existence of past DUI convictions. A first offense will result in a suspension of four months. A subsequent offense within 10 years of a prior offense will result in a one year suspension. Refusal to take a blood or breath test will also result in a one year suspension. Suspensions can be converted to restricted licenses in some cases.

Losing your driving privileges can be one of the worst consequences of a DUI arrest. Many people rely on their ability to drive in order to work, see family, and perform other basic tasks. But losing your license is not automatic. Consulting quickly with a Sacramento DUI DMV defense attorney can mean the difference between keeping or losing your driving privileges. For a confidential consultation, call Bonilla & Cintean today at (916) 447-7842.