I Need to Appeal my DUI to The Administrative Review Board !

Attorney answers (3)

1. Licensed in CA

   

   Scott Davenport

   Irvine Appeals Lawyer

   Contributor Level 8

   1

   Lawyer agrees

   Answered February 28, 2011 18:04. If you lose a DMV hearing, your remedy is to file a writ petition in the Superior Court. However, these are very tricky and the issues are very limited. If you are considering doing this, you should consult with counsel to make sure that you have a viable issue.

   • Mark as helpful
   • Flag
2. Licensed in CA

   

   Aaron BortelPro

   San Francisco DUI / DWI Attorney

   Contributor Level 12

   

   EmailVisit website

   1

   Lawyer agrees

   Answered February 28, 2011 18:16. Spencer,
   
   You can request departmental review, which has very little chance of success. If you are within 15 days of the date of decision by the DMV hearing officer, you can make this request by sending DMV $120.00 and requesting departmental review for action taken pursuant to Vehicle code section 13353 or 13353.2. Having an attorney for this is usually a good move.
   
   The other way to appeal is to go through the Superior Court. You have 34 days from DMV decision to do this, or if you've requested the above departmental review your time to request Superior Court help through the writ process extends to over 90 days. This should not be attempted without an attorney, or without consulting a DUI lawyer who does these writs first.

   • Mark as helpful
   • Flag
3. 

   Robert Kelly

   Seattle Litigation Lawyer

   Contributor Level 19

   Answered March 01, 2011 04:34. In general, once administrative remedies have been exhausted, courts can reverse decision of administrative agencies only on a showing the the administrative ruling was "arbitrary and capricious". That seems to happen rarely, if ever.
   
   Best wishes.

   • Mark as helpful
   • Flag