909-500-4819
Call Us Now
Email Us Now
If you were recently stopped by the San Bernardino County Sheriff or the Redlands Police, you likely walked away with a pink piece of paper and a sinking feeling in your gut. That paper is more than just a receipt for your confiscated plastic license. It is a notice of a pending suspension that starts a ticking clock. Most drivers do not realize that a DUI arrest in California triggers two completely separate legal battles. Succeeding in your California DMV APS hearing and criminal court is the difference between keeping your driving privilege and losing your freedom.
At Patrick Silva, Attorneys at Law, we have seen how the system tries to steamroll good folks who do not understand these two tracks. We represent the falsely accused by using our education and experience to fight both the DMV and the San Bernardino Superior Court.
Two Systems with Different Goals
The first thing you must understand is that the DMV and the criminal court do not communicate with each other as you might expect. They are two separate branches of government. A criminal court case is a judicial proceeding to determine whether you broke the law. It deals with fines, jail time, and criminal records.
The DMV hearing is an administrative proceeding called an Administrative Per Se (APS) hearing. Its only focus is your privilege to drive. Under California Vehicle Code Section 13353.2, the DMV is authorized to suspend your license immediately upon an arrest for a DUI, even before you ever see a judge.
What is the Infamous 10-Day Rule?
The clock starts the moment you are released from custody. In California, you only have 10 calendar days to request an APS hearing to challenge your license suspension. If you miss this deadline, your license will automatically be suspended 30 days after your arrest.
When we represent you, we immediately contact the San Bernardino Driver Safety Office. We request a stay on your suspension. This stay stops the clock and allows you to keep driving legally until the outcome of your DMV hearing is decided.
The Scope of the DMV APS Hearing
Unlike a criminal trial, the DMV hearing is limited in what it covers.
According to California Vehicle Code Section 13557, the hearing officer only looks at three specific issues for a standard alcohol-related DUI:
- Reasonable Cause: Did the officer have a legal reason to believe you were driving under the influence?
- Lawful Arrest: Were you placed under a lawful arrest?
- Blood Alcohol Concentration (BAC): Were you driving with a BAC of 0.08 percent or higher?
If the DMV fails to prove even one of these points by a preponderance of the evidence, they must set aside the suspension. We use our specialized training to identify where the officer screwed up during the investigation so we can beat them on these technicalities.
What is the Importance of the Burden of Proof?
The standard of proof is the biggest difference between these two systems. In the San Bernardino Superior Court, the prosecutor must prove you are guilty beyond a reasonable doubt. This is a high bar.
In a DMV APS hearing, the standard is a preponderance of the evidence. This essentially means the hearing officer only has to believe it is more likely than not, or 51 percent, that the facts are true. This lower bar is why many people lose their DMV hearings when they try to represent themselves. The hearing officer acts as both the judge and the prosecutor. You need someone in your corner who is more educated in DUI defense than the person sitting across the table.
Using the DMV Hearing to Win in Court
We view the DMV hearing as a powerful discovery tool. We use this opportunity to subpoena the arresting officer and force them to testify under oath before the criminal case even gets moving.
We have sat in hearings where officers could not identify the three Standardized Field Sobriety Tests (SFST). We have seen them fail to name the clues for the Horizontal Gaze Nystagmus (HGN) or the Walk and Turn (WAT). When we get an officer to admit they gave the tests wrong on the record at the DMV, it gives us massive leverage to negotiate a dismissal or a reduced charge in the criminal court.
If you lose your license, that’s not necessarily the end of the road. Learn more about post-conviction DUI license reinstatement.
What Are the Potential Results of Losing Either Case?
Winning at the DMV does not mean your criminal case goes away. Even so, having your criminal charges reduced to a wet reckless does not automatically save your license at the DMV. Each system can trigger its own suspension.
If the DMV upholds your suspension, it usually lasts four months for a first offense. If the criminal court convicts you of a DUI, the DMV will impose another suspension. Our goal is to coordinate these defenses to minimize the time you are off the road.
Do You Need the Legal Counsel of a DUI Defense Attorney?
The San Bernardino Driver Safety Office has its own set of hearing officers and local quirks. We have been doing this for over 12 years and know how to win DUI cases in this jurisdiction. Mr. Silva is a member of the California DUI Lawyers Association and the National College for DUI Defense. We are reputable online because we know the science, from the Datamaster DMT breath machine to the Alcosensor IV PAS tester.
We do not just accept the police report as fact. We know the Drunk Driving Myths and how to expose them. If you were arrested in Redlands, Rancho Cucamonga, or San Bernardino, you cannot afford to wait.
Contact Us for a Free Consultation with Our Experienced DUI Lawyers
We represent good folks and fight aggressively to keep their records clean and their licenses valid. We offer free consultations to help you understand exactly what you are up against at the DMV and in the courts. Do not let the 10-day deadline pass you by.
Contact Patrick Silva, Attorneys at Law, today at 909-500-4819 to start your DUI defense.
