Are you facing DUI charges? If so, the first call you need to make is to a qualified DUI attorney at The Law Offices of Scott Henry. Our legal team understands that you, like most of our clients, have likely never been in trouble before and have just made a mistake or you may be the victim of an over-zealous police officer who arrested you without enough proof to stand up in court. Whatever your situation, a lawyer at our firm can sort it all out and guide you through what to do after a DUI arrest in Tustin. Our team could help you with both your criminal process and your Department of Motor Vehicle (DMV) proceeding.
You only have 10 days after your DUI arrest to save your license, so do not hesitate; contact us immediately! With 15 years of legal experience and attorneys who are dedicated 100% to DUI defense, there is no question that by contacting our firm, you will have made the right choice.
Many people don’t realize that a DUI arrest triggers two completely different legal processes. First, law enforcement officials and a prosecutor will pursue criminal charges against you. If convicted, you may face jail time, fines, penalties, loss of your driving privileges, and mandatory substance abuse counseling.
Second, even before you are convicted, the Department of Motor Vehicles (DMV) can independently suspend your driver’s license. This is a completely independent process from your criminal prosecution. However, if you meet the requirements of the 10-day rule, you can slow down or even stop this process.
Individuals arrested for DUI, whether for the first time or for subsequent charges, are required by our state to request an Administrative Per Se (APS) hearing through the DMV within 10 days of their arrest. Failure to do so results in an automatic driver’s license suspension. If you want to avoid losing your license, it is essential that you don’t put off making contact with our firm.
Unless you request an APS hearing within the 10-day window, you will automatically lose your driver’s license 30 days after your DUI arrest in Tustin. This suspension will last for at least four months. However, if you request a hearing, you will retain your driving privileges until the State issues a decision. And if you prevail at your APS hearing, the DMV will not suspend your license.
It’s not difficult to request an APS hearing. Typically, you can call the DMW and provide them with a variety of information, including:
Notably, if you retain a DUI lawyer within 10-days of your arrest, they will usually request this hearing for you and ensure that the DMV receives accurate and appropriate information.
Your lawyer also may receive a lot of valuable information during the APS appeal process, which can also help them build your criminal defenses. They will be able to review your arrest reports, BAC test results, and other arrest-related data. Depending on your circumstances, they may even request more evidence, including information about the testing equipment that calculated your BAC results, and audio or video footage of your arrest. This information can help your lawyer build a comprehensive defense strategy that covers both your APS hearing and criminal defense.
You have the right to be represented at your APS hearing—and it is in your best interest to retain a skilled and aggressive lawyer. During the hearing, you will be asked a series of questions and have an opportunity to present your case. However, a lawyer can streamline this process, build compelling legal arguments, and highlight issues in the case against you.
However, there will not be a prosecutor at your APS hearing. Instead, a specially trained DMV employee will review your evidence, ask questions, and issue a decision. In some ways, this individual plays both the role of a prosecutor and a judge, although they rarely have a law degree.
To be clear, an APS hearing is still a formal hearing. You will be sworn in when you testify and must comply with certain evidentiary and procedural rules. Your lawyer will have a chance to call witnesses, present expert testimony, and outline your specific legal arguments. This is not a process that you want to handle on your own, since you need a detailed knowledge of Tustin’s local DUI and motor vehicle laws to prevail following an arrest. There also is no negotiating before or during an APS hearing. The DMV will not offer you a plea bargain or a chance to plead down to a lower offense. At the end of the hearing, they will make one of two decisions: either suspend your driver’s license or let you keep it.
If this is your first DUI offense and you participated in a blood-alcohol test, you may be eligible for a restricted driver’s license (if your APS appeal is denied). After a 30-day suspension, you will be able to drive to and from work, school, or DUI-related programs. Your lawyer will help you determine whether you’re eligible for a restricted license.
You must remember that a DUI conviction can result in the loss of your driver’s license—even if you won your APS hearing. If you successfully convince the DMV’s hearing officer that you deserve to keep your driver’s license, you still have work to do. Your lawyer will now turn their attention to the criminal case against you—building arguments that aim to keep you out of jail and free of a criminal record.
At the Law Offices of Scott Henry, we help our clients with both their APS hearings and criminal defenses. We’ve built a reputation for our aggressive, smart, and practical approach to DUI defense—and we’d love to hear more about your case.
We understand how overwhelming a DUI arrest can be. If you’re struggling with what to do after a DUI arrest in Tustin, call the Law Offices of Scott Henry today. You need to enlist our help to get legal representation from lawyers who know how to navigate the legal system and who will make sure that your rights are protected. We understand how to request the APS hearing and will be with you every step of the way, fighting for your license and your rights!
Rest assured, the lawyers at our firm will not hesitate to use all of our resources to get you the best possible results in your case. So don’t place yourself at a higher risk; consult with us immediately to give yourself the best likelihood of retaining your license and beating the charges against you. Please contact our firm today for a strong and aggressive DUI defense.