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Riverside DMV Hearing

It is imperative to remember that if you are arrested for driving under the influence in Riverside you face two separate and independent actions.  The first is a criminal court procedure which is discussed in detail under DUI Defense.  The second action is a civil procedure through the Department of Motor Vehicles.

Ten Day Rule in a Riverside Drunk Driving Case

The ten day rule is likely the most time sensitive aspect of any Riverside DUI case.  Law requires that you contact the Driver's Safety Branch nearest to your place of arrest to request a hearing.  This hearing is known as an Administrative Per Se Hearing and will determine a limited number of issues related to your arrest for driving under the influence.  Failure to contact the California Department of Motor Vehicles within ten calendar days will result in the automatic suspension of your license.

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Issues considered at a Riverside DUI DMV Hearing

There are only a strict set of issues considered at the DMV hearing.  Remember, DMV hearings are completely independent of any court case.  So the issues considered at the DMV hearing may not be as relevant during the criminal court procedure.  Generally, the hearing officer presiding over the Administrative Per Se Hearing will consider whether there was probable cause for the arrest, whether you were driving your vehicle and whether you were driving with over a .08% BAC.  While these issues may seem cut and dry, there are a number of defenses that arise with each of them.  The best way to understand these issues is to contact a qualified Riverside DUI Defense Attorney.

Contacting the Driver's Safety Branch following an arrest for a Riverside DUI

All Riverside County DUI arrests will be heard through the San Bernardino Driver's Safety Branch.  The Driver's Safety Branch is located at 1845 Business Center Drive, Suite 212, San Bernardino, California  92408.  In order to request an APS hearing you must call the driver's safety branch at (909) 383-7413.  It is also advisable that you send a written request via fax at (909) 383-7439 and via certified mail.  It is important to include your name, driver's license number, arresting officer, badge number and the date of arrest.  If you hire an experienced Riverside DUI Defense Attorney within ten calendar days they can contact the DMV on your behalf.

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