Recent DUI Arrest? Things you need to Know [2008-10-18]
Matthew J. Ruff
What many people do not understand is when they are arrested for a DUI offense two types of proceedings are initiated. The first is a DMV administrative action, often called an APS action, which concerns the person's drivers license. The second is the criminal offense of driving under the influence, which are Vehicle Code Section 23152(a) and 23152(b).
The most important thing to remember about these two actions is that a
DMV hearing must be requested within 10 days in order to challenge thew APS suspension. If the person sits on their hands and does nothing, they will automatically lose their license.
A
DUI Lawyer can file the appropriate motions challenging violations of law. In many instances the police officer will fail to follow specific statutory regulations which can be brought to the attention of a DMV Hearing officer. The bottom line is a Lawyer is necessary to a successful outcome of a persons case.