The San Diego DUI / DMV hearing for a possible license suspension is like a mini-DUI trial without a jury, but with much different San Diego DMV rules, San Diego DMV laws and San Diego DMV procedures. The San Diego DUI / DMV hearing is presided over by a Driver Safety Officer (DMV hearing officer) rather than a real judge — an employee of the DMV not trained in law who acts as both prosecutor and judge. As unfair as it is, she or he can legally object to your evidence, rule on her or his own objection, dually engage your San Diego DUI / DMV lawyer, and admit or not admit either party's evidence.

The San Diego Driver Safety Officer offers evidence in the form of documents and/or witnesses. The Driver Safety Officer offers the San Diego drunk driving / DUI police report, DMV records, San Diego DUI alcohol reports and the important San Diego DUI officer's sworn statement entitled a "DS 367." With no Fifth Amendment right at the hearing, your San Diego DUI / DMV attorney usually will not want you to be present at the hearing since the Driver Safety Officer can call you as a witness and force you to testify against yourself if you ill-advisedly appear.

The San Diego DMV Driver Safety Officer's decision will usually be mailed a few days or even weeks after the hearing. A San Diego DMV / DMV suspension can be set aside or sustained. If the San Diego DMV suspension is sustained, the decision can be appealed to the DMV in Sacramento and/or to the San Diego Superior court by filing a San Diego DMV petition for writ of mandamus.

A San Diego DUI lawyer's defenses at an APS hearing are specialized and technical, more so than in criminal court. Frequent San Diego DUI / DMV proof problems - as well as legal, procedural and bureaucratic obstacles - are possible grounds for setting aside the suspension. Because of the peculiar nature of San Diego DUI / DMV hearings and the absence of an independent San Diego DUI judge to offer some protection, you are strongly advised not to try to represent yourself. Because these are not San Diego DUI criminal proceedings, San Diego County public defenders are unavailable.

Your San Diego DUI / DMV attorney has just 10 CALENDAR DAYS after the DUI arrest to call the San Diego DMV Driver Safety Office to timely demand a hearing. You waive your right to a hearing after the 10 day deadline is up.

If your San Diego DUI / DMV attorney has not been retained within 10 days of the arrest, you should contact the local Driver's Safety Office yourself, request a 5 day extension so you can get a San Diego DUI / DMV Attorney Specialist.

Alternatively, if your request for an extension is denied by the San Diego DMV supervisor, request an In-person hearing, the Discovery (evidence), a Stay (stop) of the Suspension, and the Name of the Driver Safety Officer.

Please ask for the name of the person you speak with. Please do not discuss the reasons why you are contesting the suspension. The San Diego Driver Safety Office is located at 9174 Sky Park Avenue, Suite 200, San Diego (858/627-3901 or fax 858/627-3925).

The San Diego DMV may not be able to schedule a hearing before your 30-day temporary license expires. Your San Diego DUI / DMV lawyer will request a Notice of Stay of the 30-day temporary license until a San Diego DMV hearing is provided and a San Diego DMV decision is actually rendered.

San Diego Drunk Driving Attorney Rick Mueller and his San Diego County DUI Law Center welcome you to see complete San Diego drunk driving attorney & San Diego DUI lawyer information for those accused of DUI in San Diego.

San Diego DUI attorney information could help you deal with the San Diego DMV (Department of Motor Vehicles) and save your driver's license:



Why use the San Diego DUI Attorney Specialist in DUI and DMV Law
http://www.sandiegoduilawyer.com/why.html



List of San Diego DUI Attorney Victories and Driver's Licenses Saved in Past Few Years http://www.sandiegoduilawyer.com/victory.html



What you must do within 10 days of being arrested for a San Diego DUI http://www.sandiegoduilawyer.com/10days.html



San Diego County DMV and Courts
http://www.sandiegoduilawyer.com/courts.html



San Diego DUI Breath Test Defenses http://www.sandiegoduilawyer.com/defenses.html



San Diego DUI Blood Test Defenses
http://www.sandiegoduilawyer.com/blood.html



You could take the Free San Diego DUI Survey at http://www.sandiegoduilawyer.com/survey.html




San Diego DUI Lawyer Rick Mueller is the Top-Rated San Diego County Drunk Driving, DUI & DMV Defense attorney with over 20 years of experience. Known as the "DMV Guru," Rick Mueller dedicates 100% of his law practice to aggressively defending those accused of driving under the influence of alcohol. He has successfully saved the driving privileges of many clients in the past year alone. Complete the important Free San Diego County Drunk Driving Defense Survey to find out your best strategy and to protect your driving privileges in California.



San Diego DUI Attorney Rick Mueller Background and Contact Information http://www.sandiegoduilawyer.com/about.html



San Diego DUI and DMV Penalties http://www.sandiegoduilawyer.com/penalty.html



Out of State License/Resident & Driving Record http://www.sandiegoduilawyer.com/out_of_state.html



Military Base DUI - San Diego County Federal Court - http://www.sandiegoduilawyer.com/base.html



http://www.SanDiegoDUI.com - Excellent San Diego DUI information source for San Diego county drunk driving arrest. Rights, Laws, Defenses, Penalties, DMV, Court, Military, DUI Boating, Helpful Tips and other comprehensive information. Vigorous DUI lawyer who can save your license and keep you out of jail.



Call 1-800-THE-LAW-DUI (1-800-843-5293) for a free San Diego DUI consultation http://www.1800thelawdui.com.



For help with your San Diego DUI, visit http://www.SanDiegoDUIHelp.com.