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Orange County DMV Administrative Law

The Department of Motor Vehicles has been entrusted by the state of California to handle many tasks related to the licensing of drivers. While most people are aware the DMV issues licenses, it may come as a surprise that this agency can also take administrative action against you if you don’t follow certain rules and regulations. This means the DMV could actually take your license away from you.

To protect your right to drive, you need to understand Orange County DMV administrative law.  Attorneys at Milligan, Beswick, Levine & Knox LLP know how the DMV works and can provide you with legal representation if the agency is taking action against you.

Understanding Orange County DMV Administrative Law

Administrative agencies like the DMV have a lot of power over your life. If you violate any regulations the agency has set, you could face legal action. The action taken against you by the DMV (or other administrative agencies) is separate from any type of criminal actions.  In some cases, you could face both criminal charges as well as having to deal with separate legal issues related to the DMV.

One common situation when the DMV takes administrative action is in situations related to drunk driving. California’s implied consent laws require you to take a blood alcohol concentration (BAC) test if police have reason to suspect you are impaired after you are pulled over for a legitimate traffic stop.  If you won’t take the test or if your BAC is .08 or above, the DMV suspends your license automatically.

When the DMV acts to take your license after alleged drunk driving, this is different from the criminal case a prosecutor brings against you. In fact, you could have your license suspended even before a trial date is set to deal with your DUI charges.

Unlike with a criminal case, this license suspension is automatic and without a hearing or trial… unless you specifically request a hearing. While you are entitled to due process, you get it only if you understand your rights and take the appropriate steps to enforce them. An Orange County DMV administrative lawyer at Milligan, Beswick, Levine & Knox LLP will help you fight to keep your license.

How an Orange County DMV Administrative Law Attorney Can Help

At Milligan, Beswick, Levine & Knox LLP, our administrative law attorneys know how the DMV proceedings work and we understand the steps you need to take and arguments you need to make to try to keep your license. Give us a call today to learn how our Orange County DMV administrative law attorneys can help with your case.

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