If you have been arrested in Sonoma County for DUI, you will almost certainly be charged with the crime of driving under the influence, and your name forwarded to the California Department of Motor Vehicles.

Thus, your case will go forward in two different avenues, the criminal court and the administrative arm of the DMV that deals with these matters.

Your license is a privilege, not a right. That means that the laws and standards are vastly different. Most importantly, YOU HAVE ONLY TEN DAYS TO REQUEST A DMV HEARING BEFORE YOUR LICENSE IS SUSPENDED AUTOMATICALLY. Yes, you read that correctly. Ten days.

The following is an excerpt from the California Department of Motor Vehicles Website which you can find here.

“How is the DMV hearing different from the court trial for DUI?

The DMV hearing is an administrative proceeding regarding your driving privilege and the circumstances surrounding the arrest, not whether you are innocent or guilty of a criminal act. Only the following issues will be discussed:

If you took a blood or breath or (if applicable) a urine test:

* Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140 , 23152 , or 23153 ?
* Were you placed under lawful arrest?
* Were you driving a motor vehicle when you had 0.08% or more by weight of alcohol in your blood?

If you refused or failed to complete a blood, breath test, or (if applicable) a urine test:

* Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140 , 23152 , or, 23153 ?
* Were you placed under lawful arrest?
* Were you told that if you refused to submit to or failed to complete a test of your blood, breath, or (when applicable) urine, your driving privilege would be suspended for one year or revoked for two or three years?
* Did you refuse to submit to or failed to complete a blood or breath test, or (if applicable) a urine test after being requested to do so by a peace officer?”

Only an attorney is qualified to sort out all of the issues in this situation by examining the police report and any other evidence. Having your license suspended can be extremely damaging to your life. If you are a professional driver, then that makes it that much more important to get legal help.