Fight License Suspension with an Atascadero DUI Lawyer
It’s what nobody wants to experience: you’re driving along when suddenly you hear a siren and notice the flashing lights in your rearview mirror. Sure enough, you’re getting pulled over. You try to be polite and cooperate with the police officer, only to find yourself taking roadside field sobriety tests. The officer seems to think you have been driving under the influence of alcohol or drugs and takes you into custody, at which point you are asked to submit to a breath or blood test to determine your blood alcohol concentration (BAC).
If you submit to a breath or blood test and your BAC is .08% or greater, or if you refuse to take a test, your driver’s license will be taken away by the arresting officer. You will be given a pink sheet of paper that will serve as your temporary license for 30 days. If you do not request an administrative hearing with the California Department of Motor Vehicles within 10 days of your arrest, your temporary license will expire and your driver’s license will be automatically suspended.
Why an Atascadero DMV Hearing Attorney?
Upon receiving a notice from the DMV of your impending license suspension, you could request a hearing on your own and even represent yourself at this hearing. It is an administrative proceeding presided over by an administrative law judge who will hear your case and make a ruling based on the evidence at hand. Even though you won’t be appearing in criminal court, trying to handle a DMV hearing on your own may be complex and is not recommended.
An attorney who is experienced with DMV hearings, administrative law judges, law enforcement procedures, and the specific rules that apply to DUI license suspensions will be able to properly protect your license.
Your Atascadero DMV hearing lawyer may be able to challenge the suspension of your license based on such arguments as:
- An improperly administrated breath or blood test;
- A mishandled blood sample;
- An improperly calibrated breathalyzer machine;
- Inadequate or improper grounds for the initial police stop; or
- A failure to inform you of the consequences of refusing a BAC test.