Consequences of a DMV Hearing | 



Consequences of a DMV Hearing

  • DMV Fresno
  • wp-fresnolaw
  • No Comments
  • December 21, 2015

Consequences of a DMV Hearing

A DMV hearing is part of the process of being charged with a DUI. The process differs depending on the state, but a DUI California is particularly serious because the state has an absolute no tolerance policy on driving under the influence.

The consequences of a DMV hearing and the consequences of a DUI conviction are many and varied. You should always fight a potential DUI conviction. That’s why you should get a Fresno DUI attorney to guide you through the process.


What is a DMV Hearing?

In the state of California you have ten days from the date of arrest to request a hearing with the DMV. This is a separate process from the criminal courts. The hearing determines whether you will have your license taken away or not.

Don’t assume that you will automatically lose your license. There are some scenarios where you won’t lose it, so attending the DMV DUI hearing is always worthwhile.

The crucial part is the burden of proof is on the DMV. That means at your DUI DMV hearing they must prove that you should lose your license. If they can’t, you automatically get to keep it.


Consequences of a DUI Conviction

The consequences of a DUI conviction are serious, but they largely depend on the amount you were over the limit and whether you have had any previous convictions. To begin with, we’re going to assume that you’ve never had a conviction for DUI before.

Loss of Mobility – There’s no getting around the fact your license has been suspended. The loss of mobility can have serious consequences for both your home life and your career. Many drivers have lost their jobs because they’re no longer able to move around at will.

Ignition Lock – The state will install an ignition lock on your vehicle. This is a device that forces you to perform a breathalyzer test every time you start the vehicle. This may be one of the consequences given in exchange for reducing the DUI penalties detailed below.


DUI Penalties

The DUI penalties in California are extremely harsh. Due to the Implied Consent law in place, even refusing to provide a sample of blood or breathe to an arresting officer is grounds for a DUI charge.

Jail Time – California is one state that carries a mandatory jail sentence in a county jail for all DUI offenses. It tends to be a few days at the most, but more serious circumstances can lead to up to a year in jail.

Fines – You’re always going to be fined a few hundred dollars, and that doesn’t include court costs. If you decide to fight the conviction with the help of a DUI attorney Fresno CA, you will have to cover those costs as well.

License Suspension – Most of the time, you can expect to have your license suspended. This can easily be suspended for a year. Again, it depends on whether your conviction is upheld and how serious the DUI charges are.

These penalties are always amplified under certain circumstances, which is why it’s always wise to enlist the services of a qualified DUI attorney. These circumstances include:

  • There’s a minor under the age of 14 traveling with the driver at the time.
  • Extremely high blood alcohol readings.
  • Bodily injury is caused. This is another charge known as DUI with injury, and this can be charged as a felony, as opposed to a misdemeanor.

Get the Right Help from the Professionals at Fresno Lawmen

Just because you’re charged with a DUI doesn’t mean to say you have to sit back and accept the consequences. Your DMV appointment Fresno CA can lead to you keeping your license because we can show that the arresting officer didn’t follow the correct rules and right paperwork wasn’t filed.

Talk to our hundreds of happy clients who have left their Fresno DMV appointment with smiles on their faces. We’re not here to judge. We’re simply here so you can get the justice you so richly deserve.

Get in touch with us today and we’ll do everything we can to get you the result you’re looking for. We’ll explain how the process works, what the legal consequences are, and what we can do for you.

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