Home > Research Legal Advice > DUI / DWI > Where do I start the appeal process when appealing the DMV after a DUI?
Asked over 3 years ago - Fresno, CA
FlagI know I need to appeal the DMV but Im not sure where to start or who to talk to?
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You need to talk to a DUI attorney with experience filing "writs" in a DMV case related to DUI. You have very little time after a negative DMV decision.
You need to know what basis you are going to appeal on. Also, what is the status of the underlying court action - sometimes you can override a DMV loss with a court win depending on the specific facts - on practical level it's sometimes cheaper to put the resources into the court case.
What you want is called a writ and the rules are complicated, even for an experienced attorney. You will be looking to show, assuming this is an age 21 or order admin per se - .08 or more, that one of the 3 issues below were wrongly decided:
1. Did the officer have probable cause to stop you?
2. Was the arrest legal?
3. Was the chemical test valid at .08 or above?
Good luck with everything and remember the above is basic information and not specific advice.
Matthew Williamson
Mr. Williamson is right you need a lawyer to help with the appeals process. On the last page of the DMV suspension order after the hearing, there is a paragraph telling you the time limits to appeal and how to order a transcript of the hearing. You can obtain an administrative appeal through the DMV and you can also file a writ of mandamus with the local superior court. The writ must be filed within 30 days of the DMVs decision. So you need to call a lawyer quickly.
Edward J. Blum
You can go to www.dui-help.com to find an attorney in your area. Filing a Writ is a complicated process. It requires knowledge in that specific area.
Depending on which state, you may have as many as 94 days to file the Writ. California is 94 days - I am working on one right now.
