Santa Rosa DMV Hearing Lawyer

DMV Hearings – What are the Chances of Winning?

Driving under the influence (DUI) charges and convictions can have serious consequences in California. If you are arrested for DUI, the California Department of Motor Vehicles will likely suspend your license. In addition, if you are convicted of DUI, you will likely face serious legal penalties and collateral consequences.

If you are currently charged with a DUI, you should call the Law Offices of Evan E. Zelig, P.C. right away. We can represent you during all legal proceedings – including your DMV hearing – and advocate for the best possible result on your behalf.

For a free case evaluation and legal consultation with an experienced Santa Rosa DUI defense lawyer, please call us at (707) 636-3204 or contact us online today for more information.

Why Should We Represent You?

If you are currently facing a DUI charge, you need experienced legal counsel in your corner right away. Attorney Evan E. Zelig has represented 2,000+ clients and has more than 20 years of experience handling criminal law matters. At the Law Offices of Evan E. Zelig, P.C., we pride ourselves on giving every case and client the individualized attention they deserve.

You can see our most recent client testimonials and case results on this site. Our office is conveniently located at 703 2nd Street, Suite 404, Santa Rosa, CA 95404.

Legal Elements of a DUI Charge in California 

To convict you of a DUI offense in California, a prosecutor must prove several essential elements beyond a reasonable doubt, including:

• Driving: The first element is that you were operating a vehicle. This does not mean you had to be moving; simply being behind the wheel, even while parked, can satisfy this requirement if you have access to the keys.
• Type of Vehicle: The vehicle involved must be classified as a “motor vehicle” under California law. This includes cars, trucks, motorcycles, and certain other types of vehicles.
• Impairment: The prosecutor must show that you were under the influence of alcohol or drugs. In California, this can be demonstrated in two ways:
• Blood Alcohol Concentration (BAC): If your BAC is 0.08 percent or higher, you can be presumed legally impaired. However, even if your BAC is below this threshold, you can still be convicted if evidence shows that your ability to drive was significantly impaired by alcohol or drugs.
• Drug Impairment: The prosecutor can argue that you were unable to drive safely due to the effects of drugs, which can include prescription medications, over-the-counter drugs, or illegal substances. Law enforcement may provide testimony about your behavior, performance on field sobriety tests, or other observations.
• Consciousness of Control: You must have been aware of your ability to control the vehicle. For instance, if you were found asleep in the driver’s seat with the engine running, this may complicate the case regarding whether you were in control.
• Lawful Arrest: The arrest must be lawful. If the police lacked reasonable suspicion or probable cause to stop you – or did not follow proper legal procedures during the arrest – any evidence gathered may be deemed inadmissible in court.
• Evidence: The prosecutor must present credible evidence to support their case. This includes results from breathalyzer tests, blood tests, field sobriety tests, and witness statements.

If the prosecutor is unable to establish each of these elements beyond a reasonable doubt, then they will be unable to secure a conviction against you for DUI.

Potential Penalties and Collateral Consequences of a California DUI

In Santa Rosa, California, a DUI conviction can lead to serious penalties and collateral consequences that can significantly affect your life.

Penalties

• Fines and Fees: A DUI conviction typically results in hefty fines, which can range from $390 to $1,000 or more. Additional fees, such as court costs and assessments, can significantly increase the total amount you owe.
• License Suspension: A first-time DUI offense usually leads to a six-month license suspension. For subsequent offenses, the suspension periods can become longer, ranging from one to three years. You may also face restrictions, such as having to install an ignition interlock device (IID) on your vehicle.
• Jail Time: Depending on the circumstances, a first-time DUI conviction can result in up to six months in county jail. If there are aggravating factors – like having a high BAC or causing an accident – this sentence can be longer. Repeat offenders face harsher penalties, including longer jail terms.
• Probation: Many DUI convictions result in probation, which can last from three to five years. During probation, you must comply with specific conditions, such as attending DUI education programs and avoiding alcohol.
• DUI Education Programs: Convicted individuals are often required to complete a DUI education program. The length of these programs varies based on the severity of the offense, ranging from 12 hours for first-time offenders to 30 months for repeat offenders.

Collateral Consequences

• Employment Issues: A DUI conviction can adversely affect your job prospects. Employers may conduct background checks, and many industries, particularly those involving driving, may disqualify candidates with a DUI on their record.
• Increased Insurance Rates: After a DUI conviction, you can expect your car insurance premiums to rise significantly. Some insurers may refuse coverage altogether or require you to obtain an SR-22 certificate, which proves you carry minimum liability insurance.
• Reputation Damage: A DUI conviction can also harm your personal and professional reputation. Friends, family, and colleagues may view you differently, which can affect your relationships and social standing.
• Travel Restrictions: Depending on the nature of your conviction, you may face difficulties traveling internationally – particularly if you need a visa or are considering moving to another country.

What Happens at a Santa Rosa DMV Hearing?

In California, if you are arrested for DUI, the Department of Motor Vehicles (DMV) may suspend your driver’s license. You have the right to a DMV hearing to contest this suspension. Understanding what happens at this hearing and how a lawyer can assist you is essential.

What Happens at a DMV Hearing?

• Requesting the Hearing: After your arrest, you typically have 10 days to request a DMV hearing. This hearing is separate from any criminal court proceedings.
• Purpose of the Hearing: The primary purpose of the DMV hearing is to determine whether there is enough evidence to justify the suspension of your license. Key issues include whether you were lawfully stopped if there was probable cause for the arrest, and if your BAC was above the legal limit at the time of driving.
• Hearing Format: A DMV hearing officer usually conducts a hearing that is less formal than a court trial. The officer will review evidence, which may include police reports, breathalyzer results, and witness statements.
• Presenting Evidence: Both you and the DMV will have the opportunity to present evidence and call witnesses. You can challenge the evidence presented against you, arguing that the arrest was improper or that the BAC results were inaccurate.
• Decision: After reviewing the evidence, the hearing officer will make a decision. If they find against you, your license will be suspended. If they rule in your favor, your license will remain valid, at least temporarily.

How Can We Help at Your DMV Hearing?

Attorney Evan E. Zelig can represent you at your DMV hearing and aggressively advocate for your interests.

• Understanding Procedures: We are familiar with DMV hearings and can help you navigate the procedures, ensuring that you meet all deadlines and requirements for the hearing.
• Evidence Gathering: We will gather relevant evidence, including obtaining police reports, BAC test results, and other documentation that can support your case.
• Legal Representation: We can represent you during the actual hearing, presenting your case effectively and cross-examining DMV witnesses. Our knowledge of legal standards and DMV regulations can significantly improve your chances of a favorable outcome.
• Challenging the Suspension: We can challenge the legality of the traffic stop, the arrest, and the accuracy of any testing methods used. This can be crucial in demonstrating that your rights were violated.
• Negotiating Outcomes: If the hearing does not go in your favor, we can advise you on potential next steps, including appealing the decision or negotiating alternatives to suspension, such as a restricted license.

Factors that Determine Your Chances of Winning a DMV Hearing

Winning a DMV license suspension hearing for a DUI in California depends on several key factors, including the following:

• Lawful Traffic Stop – One of the most critical factors is whether the traffic stop was lawful. If the police officer did not have reasonable suspicion to pull you over, any evidence obtained during the stop may be inadmissible. We can challenge the validity of the stop by examining the circumstances leading to it, such as the officer’s observations and the reason for the stop.
• Probable Cause for Arrest – The next factor is whether there was probable cause for your arrest. Police must have sufficient evidence to believe that you were driving under the influence. This can include your behavior, performance on field sobriety tests, or the results of a breathalyzer or blood test. If you can demonstrate that the officer lacked probable cause, it may strengthen your case.
• Blood Alcohol Concentration (BAC) Results – The accuracy and reliability of the BAC results are crucial. If your BAC was tested and found to be above the legal limit of 0.08 percent, the DMV will rely heavily on these results. However, you can challenge the results by questioning the testing methods, the maintenance of the testing equipment, or the qualifications of the personnel administering the tests.
• Field Sobriety Tests – Field sobriety tests are often used to establish impairment. If you can show that the tests were administered improperly or that external factors affected your performance – such as poor weather conditions or physical limitations – this can help bolster your defense.
• Your Driving Record – Your driving history can also play a role. A clean record may work in your favor, indicating that this is an isolated incident. Conversely, a history of traffic violations or previous DUIs can negatively affect your case, making it more challenging to argue for a favorable outcome.
• Witnesses and Evidence – The presence of witnesses, such as passengers or other drivers, can be beneficial. Their testimony may support your claims regarding your driving behavior or the circumstances of the stop.

Accepting a Plea Deal in a DUI Case Versus Trial

When facing a DUI charge in Santa Rosa, California, you may be presented with the option to accept a plea deal or take your case to trial in criminal court. Each choice has its own advantages and disadvantages, and understanding them can help you make an informed decision.

Plea Deal

A plea deal, or plea bargain, involves negotiating with the prosecution to reduce your charges or penalties in exchange for a guilty plea. This option can offer several benefits:

• Reduced Penalties: Accepting a plea deal often means facing lighter consequences than you may receive if convicted at trial. For example, you may get a reduced sentence, lower fines, or a shorter license suspension.
• Certainty: A plea deal provides more certainty about the outcome. Trials can be unpredictable, and there’s always the risk of a harsher sentence if you’re found guilty.
• Time and Costs: Trials can also be lengthy and expensive, involving attorney fees, court costs, and more. A plea deal typically resolves the case more quickly, saving you both time and money.

However, accepting a plea deal also has downsides:

• Criminal Record: A plea deal usually results in a conviction, which will appear on your criminal record and can have lasting effects on your personal and professional life.

Taking the Case to Trial

Choosing to go to trial means you are contesting the charges in court. This option can also have benefits:

• Potential Acquittal: If you believe you are innocent or that there is insufficient evidence against you, going to trial gives you a chance to fight the charges. An acquittal means you will not face any penalties.
• Negotiation Leverage: Sometimes, the prospect of a trial can encourage the prosecution to offer a better plea deal, knowing that you are prepared to fight.

However, going to trial still comes with risks:

• Uncertain Outcome: Trials can be unpredictable, and there’s a possibility of receiving a harsher sentence if found guilty. This includes longer jail time, higher fines, and a longer license suspension.
• Public Exposure: Trials are public, and the details of your case may be exposed in a way that may affect your reputation.

Carefully weighing these options will help you make the best decision for your situation.

Speak with an Experienced California DUI Defense Lawyer Today

If you are currently facing a DUI charge in Santa Rosa, California, you should contact the Law Offices of Evan E. Zelig, P.C., as soon as possible. We can aggressively defend you against your charge and represent you at various hearings in pursuit of the best possible case result.

For a free case evaluation and legal consultation with a knowledgeable Santa Rosa DUI defense attorney, please call us at (707) 636-3204 or contact us online today.