This page examines Los Angeles DUI Arrests, Procedures, and DUI Statistics in LA County.
Los Angeles DUI Arrests.
Los Angeles DUI Procedures
The following outlines some of the basic things that need to be addressed when you are arrested for a DUI.
Important – DMV Time Limit
If you were one of the Los Angeles DUI Arrests for an alcohol related DUI, one of the most important things is to help you preserve your right to contest the DMV administrative per se (APS) suspension of your privilege to drive. You must contact DMV Driver Safety to set a hearing within 10 days of the incident. That is the date you were served a DS-367 (pink temporary license).
Setting the APS hearing within the 10 days after the incident is mandatory. You can always cancel it later, but you can’t request one after the 10 days is up. We can help determine if your situation is one where a hearing should not be set. An officer is supposed to take your license if he or she believes that your blood alcohol levels are .08 BAC or higher. However, procedures are not always followed by the police. However, even if you were not served the DS-367 and do not set a hearing, you may end up losing your ability to set an APS hearing and then lose your ability to drive 30 days after the incident without even realizing it.
You can suffer an APS suspension before you even have your first court date. The DMV is separate from any suspension that can result from a DUI conviction. As Los Angeles DUI specialists, we do everything in our power to keep this from happening.
Benefits of Setting a DMV APS Hearing
In most cases it is best to set a DMV APS hearing as early as possible. Doing so gives you the following benefits:
- Maintains your privilege to drive at least until a decision is made by DMV after the APS hearing
- Gives the ability to subpoena the patrol car video
- Gives the ability for us to subpoena maintenance and calibration of preliminary alcohol screening (PAS) devices if used;
- Allows our firm to retest the blood if there was blood drawn;
- Gives the ability for us to subpoena the officer who stopped or arrested you to testify and be cross examined;
- Gives the ability to retain an expert for you if there are issues relating to the blood alcohol level or alleged impairment;
- Allows you, and us, to collect information. That lets you know everything there is to know about your DUI case before your date in court;
- Even in a worst case scenario, it gives the ability to coordinate the APS license suspension to run concurrent with a court conviction suspension.
Depending on your situation, it may be better to set the APS hearing right away. In other situations it’s best to wait until the ninth day to do so.. In some cases there may be a good reason to not request a DMV administrative hearing, especially with second or more DUIs.
Making an informed decision is very difficult and as your Los Angeles DUI attorneys, we can help and guide you through the process.
DUI Statistics in LA County