The DMV Case
After a person has been arrested for driving under the influence (DUI) in San Mateo, he/she will have to fight two cases: a criminal case and a DMV case. During the criminal case, the person will defend themselves against his/her DUI charges. The criminal case will determine if the person will have to spend time in jail, pay monetary fines, or attend a drug and alcohol treatment program. During the DMV case, the person will fight the terms of his/her license suspension.
Because so many important decisions depend upon the outcome of the person's DMV case, it is in the person's best interest to retain the services of a reputable San Mateo DUI attorney.
San Mateo 10 Day Rule
From the time of their arrest, people facing DUI charges only have 10 days to schedule and Administrative hearing with the California Department of Motor Vehicles. By scheduling a hearing with the DMV, people charged with DUI can contest their license suspension. If a person fails to schedule a hearing with the DMV, his/her driver's license will automatically remain suspended. Additionally, if a person refuses to submit to a chemical test at the time of his/her arrest, the person's license will automatically be suspended by law enforcement.
DMV Hearing
After the person schedules his/her hearing with the DMV, the hearing will take place either in person or on the phone. During the hearing, a DMV employee will function as the prosecutor and also the judge. The DMV employee must present evidence against the DUI offender and must also make the final ruling regarding the offender's license suspension.
After the person schedules his/her hearing with the DMV, the hearing will take place either in person or on the phone. During the hearing, a DMV employee will function as the prosecutor and also the judge. The DMV employee must present evidence against the DUI offender and must also make the final ruling regarding the offender's license suspension.
At the hearing, the DMV employee will review the offender's case to see if the arresting officer had probable cause, whether or not the arrest was handled properly, and if the offender's blood alcohol concentration was 0.08% or higher. If the offender refused to submit to the BAC test, the DMV employee must decide if the offender was informed of the consequences of his//her refusal, and the exact terms of his/her license suspension.
After sorting through the facts of the offender's case, the DMV employee will make a decision to reinstate the offender's license or to suspend it for a set period of time. In many cases, first time offenders may have their license suspended for up to 3 months. Multiple offenders may have their licenses suspended for a period up to 3 years.
San Mateo DUI Defense Attorney
The Law Office of Robert Tayac has helped countless clients fight their San Mateo DUI charges. With years of trial and DUI litigation experience, Attorney Robert Tayac has the skill and legal expertise it takes to successfully contest his clients' DUI charges. Whether your are a first time offender or a multiple DUI offender, you can be assured that Mr. Tayac will put every effort into helping you avoid a criminal conviction.
Any person who drives under the influence of drugs and/or alcohol places his/her life and others in great danger. For this reason, California has adopted strict DUI laws and legal penalties. If a person is convicted of driving under the influence in San Mateo County, he/she faces life-altering legal punishments such as jail time, fines, probation, license suspension, and vehicle impoundment. When you are charged with DUI, you need the counsel of an experienced San Mateo attorney to increase your chances of winning in court.
Contact the Law Office of Robert Tayac for your free DUI case evaluation!