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How is the DMV hearing different from the Orange County DUI criminal case?

If you have been arrested for DUI in Orange County, there are some distinctions you need to know about your criminal case and your driver’s license. The DMV hearing is an administrative proceeding addressing your driving privileges and the circumstances surrounding the arrest–not whether you are innocent or guilty of a criminal act. Only the following issues will be discussed at the DMV Hearing:

If you took a blood or breath or a urine test:

• Did the peace officer have reasonable cause to believe you were driving a motor
vehicle in violation of California DUI Statutes?
• Was your arrest lawful?
• Did you have 0.08% or more alcohol by weight in your blood?

If you refused or failed to complete a blood, breath test, or a urine test:

• Did the peace officer have reasonable cause to believe you were driving a motor
vehicle in violation of California DUI Statutes?
• Was your arrest lawful?
• Were you told that if you refused to submit to or failed to complete a test of your
blood, breath, or (when applicable) urine, your driving privilege would be suspended
for one year or revoked for two or three years?
• Did you refuse to submit to or failed to complete a blood or breath test, or a urine
test after being requested to do so by a peace officer?

If the answer is “No” to any of these questions, then it may be possible to restore your driving privileges, despite having a pending criminal DUI matter in the courts.

A good DUI attorney knows how to navigate the administrative complexities of the DMV and can explain how the system works. If you have been arrested for DUI, you must act quickly to protect your driving privileges. Orange County DUI Attorney William Weinberg represents clients in DUI matters throughout the Los Angeles area. Contact him at (714) 834-1400 for a consultation.

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