Legal Question in DUI Law in California

denied dmv hearing based on BAC .06,.05

after the arrest I followed all instructions on admin per se form contacted dmv sacramento was given local driver safety # left message on v.m. called dmv sac. again to inquire about what happens now i was told that when the bac is .08 the action gets set aside and the dmv takes no action against driver.WRONG.... they denied me the hearing then suspended my cdl for four months, I have been convicted of no crime,I was responsible with my alcohol consumption aware of possibility of dui and more severe consequences for impaired driving. I need my CDL to maintain my job.If the law states that a dui is a BAC .08 why am I being punished for something I didn't do?How can I get them to give me a hearing now,over a month later?Single mom can't hire lawyer public def. can't help w/ dmv proceedings.I need help now do not answer with an ad for a dui attn. I don't have any money


Asked on 11/10/06, 6:58 am

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: denied dmv hearing based on BAC .06,.05

Nobody told you phone calls to DMV were appropriate, and the paperwork/forms you were given clearly explained the appeal process. You either FILED your DMV appeal of suspension paperwork TIMELY [within 10 days of arrest], or you lose the right to appeal, with the consequence that you automatically lose your license, independently of, and consecutive with, anything the court does later. To make you feel a little less bad, even if you had timely appealed and had your DMV hearing, the likelihood of avoiding suspension is slim. After a minimum of 30 days suspension, you can request DMV issue a restricted license, at their discretion. You now have to deal with the DUI charges, with or without counsel.

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Answered on 11/10/06, 6:46 pm
Joshua Hale Hale Law Group

Re: denied dmv hearing based on BAC .06,.05

Unfortunately in your situation, you need an attorney, whether or not you like the idea of hiring one. This is a difficult position that you are in, and you will find that navigating these issues on your own will be cumbersome, and possibly insurmountable.

I really do wish you good luck in this situation. I highly suggest you seek counsel, you will find their services, if they are competent, very beneficial.

Good luck,

JD Hale, Esq.

619.866.3535

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Answered on 11/10/06, 11:33 am


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