Should I file for an administrative hearing?

Asked about 1 year ago - Sacramento, CA

I just got my first DUI this weekend, but my BAC was never disclosed to me verbally and I cannot find it on my paperwork.

Attorney answers (10)

  1. Cambria L Lisonbee

    Contributor Level 14

    19

    Lawyers agree

    Answered . Yes, absolutely. Schedule it today and request a stay and discovery.

  2. Aaron Reuben Bortel

    Pro

    Contributor Level 12

    18

    Lawyers agree

    Answered . You should consult with an experienced DUI attorney who practices in the area where you were arrested. That attorney will have a lot of questions and can help you decide if the hearing needs to be requested. Most likely you will want the attorney to request the Administrative Per Se Hearing (Must be within 10 days of arrest).

    The paperwork you received from the cops usually does not reveal your BAC. It often lists the charges, one of which is Vehicle Code Section 23152(b) - being at or over .08%. People often think their BAC is .08% because that number is written next to the Code Section violation.

    DMV may have your BAC by now or next week. Your attorney can contact them and possibly find out your BAC.

    Good Luck

  3. Michael Stewart Phillips

    Contributor Level 14

    17

    Lawyers agree

    Answered . Yes, if you absolutely cannot retain an attorney to request the hearing on your behalf.

  4. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    15

    Lawyers agree

    Answered . Get an attorney ASAP and request an APS hearing within 10 days of your arrest. The DMV will provide this when they send discovery .

    ANDREW ROBERTS CRIMINAL AND TRAFFIC TICKET DEFENSE ATTORNEY
  5. Thomas Francis McKenna

    Contributor Level 8

    15

    Lawyers agree

    Answered . It is in your best interest to call DMV and request a hearing. Don't assume anything about your blood alcohol level you have only 10 calendar days to call and there are no extensions. So protect your rights by calling or seeing a Bay Area Criminal Attorney immediately.

  6. Alexander M. Ivakhnenko

    Contributor Level 20

    16

    Lawyers agree

    Answered . Do not represent yourself pro se if you truly want a comprehensively adequate legal representation. Hire a professional.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  7. Joshua Kaizuka

    Pro

    Contributor Level 16

    12

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . I agree with my colleagues. The paperwork you received will not show BAC. The first thing you should do is call experienced DUI attorneys in Sacramento if the arrest happened here. Undoubtedly, you will be receiving jail mail from numerous attorneys. There may be some claiming to help you with your case for under a thousand dollars as well as others. The most important thing is to do some research and call to get a free consultation. When you call, make sure you are talking to an attorney who actually litigates DUI cases in Sacramento, not some call service non-attorney or out of the area attorney. Talk to some and when you narrow down your choice, go meet them face to face if you can. There is a 10 day clock running on the DMV administrative hearing so if you are going to hire an attorney to take care of your case, make your choice before the clock runs out. Experienced DUI attorneys will know when to call DMV to set the hearing within the 10 days so it slows down the suspension process while obtaining as much evidence relating to your case to determine the validity of the stop, field sobriety tests, records relating to the accuracy of the preliminary alcohol screening device, and perhaps video from the patrol car depending the arresting agency. Even if it turns out to be the worst case scenario, there are many things that needs to be discussed to minimize the impact. Don't wait, start researching and make calls since most DUI attorneys will give you a free initial consultation. Good Luck!

  8. Daniel M. Fox

    Contributor Level 12

    14

    Lawyers agree

    Answered . Yes.
    I repeat - YES!

    If for no other reason than to preserve your opportunity to retain your driving privilege. If you don't file, then almost for sure your privilege will be gone, and then good luck trying to get it back.
    Think of it as a "place holder." Even if you later decide not to pursue the hearing, then all you have to do is give it up. But, if you don't request it in the first place - you can't request it later on.

  9. Maltaise E Cini

    Contributor Level 17

    13

    Lawyers agree

    Answered . The DMV hearing is separate from the court proceedings. You need to request the DMV hearing within 10 days of the incident. If you fail to request a hearing DMV will automatically suspend your CDL.

  10. Michael Kevin Cernyar

    Pro

    Contributor Level 20

    12

    Lawyers agree

    Answered . Your attorney will assist you with this. If you decide to represent yourself it's like playing a game in which you don't know the rules and the judge/referree cannot and will not assist you with the rules so you will be trampled upon at every opportunity. Good luck.

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice... more

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