DMV only provides you with 10 calendar days to make a request for a hearing.  Provided law enforcement confiscated your license and gave you a pink piece of paper that acts as a temporary license for 30 days, you almost always should take advantage of this right to an APS (Administrative Per Se Hearing) hearing.  Call Sacramento DUI lawyer/attorney Denis White Law Office at (916) 444-3300 for a more detailed explanation as to why.


The California Department Of Motor Vehicles has the ability to suspend a California license even where the District Attorney or Prosecutor declines to file charges.  For example, where the blood alcohol level is .08 or higher, but the District Attorney or Prosecutor doesn’t believe they could prove the case “Beyond a Reasonable Doubt”, which is the standard of proof in a criminal case, they just might decide not to file a criminal complaint.  This does nothing to help you with the Suspension of your California Drivers License and the Loss of Your Privilege to Drive.  In fact, because the DMV issue is civil rather than criminal, the standard of proof is “More Likely Than Not” making it very easy for DMV to do this to you.  Call or E-Mail Denis White Law today to see how to best protect yourself from this kind of awful result.


If you just want to protect your right to hearing and want to call Denis White Law later, please call the Sacramento DMV Drivers Safety Office at (916) 227-2970.  Make sure you insist on a “stay” until after the hearing and always keep notes with the name of the person you spoke to and the date, in case there is a problem or question about the timeliness of your request later.

In the State of California and probably most other states, there is a tremendous effort that goes into the prosecution of Driving Under the Influence (DUI) cases.  There have been many studies done to show the rate of recidivism and a relationship to traffic accidents and deaths.  It is easy to argue that Public Policy and Safety dictates tough punishments should be imposed for the person arrested and convicted of DUI.  How a person thinks about the treatment of Driving Under the Influence cases often changes when YOU are the one that has been arrested and charged with the offense.  Especially, in first offense cases with low blood alcohol levels.


There are enough issues that come up in the defense of DUI cases that many books have been written on them.  Denis White Law Office maintains a library that includes the best of them.

The following issues are those that come up most frequently when analyzing and defending a DUI case, although there are many more;

*  The reason for the stop or contact by law enforcement has to be justified.  If you are unsure or disagree with the reason you were given, you should bring it up when you talk with a qualified Sacramento DUI defense attorney. 

*  If you submitted to the Field Sobriety Tests (FSTs), were they properly explained?  Were the Standardized Field Sobriety Tests administered or were the other less reliable tests given.  Do you think you passed them?

*  Did you submit to the Preliminary Alcohol Screening (PAS) device?  Was it properly checked for accuracy as is suggested or required?

*  If you submitted to a Blood Test, was an alcohol swab used to clean the area, was the person doing the blood draw qualified, was an appropriate level of preservative in the vial that it has been stored in.

*  If an evidentiary Breath Test was done what type of machine was used, has it been properly maintained, checked for accuracy or had any maintenance done that might make the results of your case suspect.

*  Were you given a choice of tests?

*  Is there a valid rising blood alcohol defense in your case?

*  Were you driving the vehicle?

*  Were you involved in an accident and how much time passed from the time of the driving to the time of the Blood, Breath or Urine Test?

The maximum penalty for DUI offenses is the same throughout the State of California.  The minimum penalties and likelihood of being able to resolve cases reasonably vary from county to county.  I don’t have a crystal ball but I would be happy to share some of the possibilities with you.  Contact the Denis White Law Office at (916) 444-3300 for answers to all your questions.  

I am licensed to practice throughout the State of California and the Federal Courts.  Most frequently you will find me representing clients in the Sacramento County Courthouse (for arrests in Sacramento, Folsom, Granite Bay, Elk Grove, Rancho Cordova, Natomas, Citrus Heights, Carmichael, Fair Oaks, Orangevale), in Placer County ( for arrests in Auburn, Roseville, Lincoln) In Yolo County (for offenses in Woodland, Davis and West Sacramento), El Dorado County (for arrests in Placerville, South Lake Tahoe).

If you need a lawyer in a different geographical area or even a different area of law, I will gladly help you find a competent attorney to assist you.