The Law Office of


(619) 326-8161
The Law Office of


(619) 326-8161
Put the power of an attorney who's been a
Judge's Assistant and Deputy District Attorney
on YOUR side.

DMV Hearings


When you are released from custody after being arrested in San Diego for a DUI, you likely received a pink notice of suspension and a temporary driver’s license (DMV Form DS-367).

This form has instructions (usually on the back of the form) to contact the DMV Driver’s Safety Office within 10 days of arrest to request your Administrative Per Se (APS) hearing. Handling the driver’s license suspension for a DUI is separate, and in addition to, the San Diego court case regarding criminal drunk driving charges.

Because the processes, rules and governing cases are very extensive and complicated, your chances of preserving your driving privileges are exponentially higher if you are represented by a DUI attorney who is skilled in the San Diego DMV Hearing process and is familiar with the DMV Hearing Officers presiding over your case. It is vital that you request a DMV Hearing within ten days of your arrest, or retain an attorney to make this request for you because once the 10 day time limit has passed you are considered to have waived your right to that DMV hearing.

Who Bears the Burden of Proof

It is the DMV that bears the burden of proof that your driver’s license suspension is justified. Unlike your hearings in the San Diego criminal justice courts, if you don’t retain an attorney to defend your right to drive, you will not be assigned a Public Defender or advocate for the DMV Hearing. In such case, you would be unprotected and at the mercy of the San Diego DMV Official whose intention it is to take punitive and regulatory action against you.

The Multiple Roles of the DMV Representative

The DMV representative has dual roles. First, the DMV representative serves as a prosecutor. This means that the representative will present evidence against the person and argue why the person should not have his/her driving privileges reinstated.

Second, the DMV representative will serve as a judge, meaning the representative will make a final ruling after carefully reviewing the case facts and evidence.

Often times, people choose to defend themselves during their DMV Hearings. This is not the best idea as most people are not equipped with the training and knowledge it takes to successfully plead their case. Additionally, most attorneys also lack the knowledge, training and skill to successfully defend a DMV hearing. In these cases, it is always beneficial to retain the services of an expert DUI Defense Attorney. A DUI defense lawyer can

  • defend a person during his/her DMV Hearing,
  • challenge evidence,
  • question the arresting officer’s testimony,
  • strategically get information onto the DMV record that may be helpful to your subsequent court case, and
  • help to obtain a hardship license.

A DMV Hearing request will cause an extension of the 30-day temporary driver’s license that was issued to you at the time of your San Diego DUI arrest. Your driving privilege can remain in effect throughout this extension as well as throughout the time it takes the DMV to make its final determination.

If you or someone you know has been arrested and charged with drunk driving, you have nothing to lose and everything to gain by exercising your right to the DMV Hearing, especially when you have a Specialized San Diego DUI attorney acting on your behalf.

Whether you have been charged or arrested for a San Diego DUI, Poway DUI, La Mesa DUI, Santee DUI, Mission Valley DUI, Clairemont DUI, Point Loma DUI, La Jolla DUI, Carmel Valley DUI, Mira Mesa DUI, Pacific Beach DUI, Del Mar DUI, Carmel Valley DUI, Encinitas DUI, Oceanside DUI, Ocean Beach DUI, Escondido DUI, Vista DUI, San Marcos DUI, Carlsbad DUI or El Cajon DUI, if you’re looking for San Diego’s Best DUI Defense Attorney, you must speak with Attorney Chris Sohovich as soon as possible. Attacking DUIs is what we do best.

Contact the Law Office of Chris Sohovich now for a free case evaluation at 619-326-8161.