858-429-9982 858-429-9982
  1. Mark Deniz has been a member of the California State bar for over 11 years.

    Mark is involved with the San Diego Bar Association serving on its legal panel.

    Due to his legal experience Mark Deniz has the privilege of serving on several attorney panels.

    Mark Deniz is a top contributor on Avvo providing outstanding legal advice. Mark Deniz also serves on the Avvo Legal Panel. The only San Diego Criminal Defense attorney who is on the panel.

  2. Mark Deniz is a member of California DUI Lawyers Association.

    Nation's Premier | NACDA | Top Ten Ranking 2014

    Mark Deniz has been named one of The National Academy of Criminal Defense Attorneys “Top 10” Attorneys.

    Mark Deniz has been deemed by The Lead Counsel Rating for providing exceptional legal representation to individuals and businesses.

    The firm is a member of the better business bureau who ensures quality service for its clients.

  3. The National Trial Lawyers - Top 100 Trial Lawyers

    Mark Deniz has consistently been named one of the National Trial Lawyers Top 100 Trial Lawyers.

    Mark Deniz is a member of the prestigious National College for DUI defense and has completed its intensive summer session curriculum conducted at Harvard Law School.

    Mark Deniz has received AVVO’s prestigious Clients’ Choice award

    The prestigious legal rating service AVVO has consistently given Law Offices of Mark Deniz a "Superb" rating.

  4. Proudly Serving the Community Service 2003

    Mark Deniz has proudly served as a member of the California state bar since 2003.

    Mark Deniz has consistently been named one of the National Trial Lawyers Top 100 Trial Lawyers.

  1. Mark Deniz has been a member of the California State bar for over 11 years.

  2. Mark is involved with the San Diego Bar Association serving on its legal panel.

  3. Due to his legal experience Mark Deniz has the privilege of serving on several attorney panels.

  4. Mark Deniz is a top contributor on Avvo providing outstanding legal advice. Mark Deniz also serves on the Avvo Legal Panel. The only San Diego Criminal Defense attorney who is on the panel.

  5. Mark Deniz is a member of California DUI Lawyers Association.

  6. Nation's Premier | NACDA | Top Ten Ranking 2014

    Mark Deniz has been named one of The National Academy of Criminal Defense Attorneys “Top 10” Attorneys.

  7. Mark Deniz has been deemed by The Lead Counsel Rating for providing exceptional legal representation to individuals and businesses.

  8. The firm is a member of the better business bureau who ensures quality service for its clients.

  9. The National Trial Lawyers - Top 100 Trial Lawyers

    Mark Deniz has consistently been named one of the National Trial Lawyers Top 100 Trial Lawyers.

  10. Mark Deniz is a member of the prestigious National College for DUI defense and has completed its intensive summer session curriculum conducted at Harvard Law School.

  11. Mark Deniz has received AVVO’s prestigious Clients’ Choice award

  12. The prestigious legal rating service AVVO has consistently given Law Offices of Mark Deniz a "Superb" rating.

  13. Proudly Serving the Community Service 2003

    Mark Deniz has proudly served as a member of the California state bar since 2003.

  14. Mark Deniz has consistently been named one of the National Trial Lawyers Top 100 Trial Lawyers.

California DMV Hearing Procedure

Motorists arrested for Driving Under the Influence of alcohol or drugs in California have only 10 days from the date of arrest to request an Administrative Per Se (APS) hearing from the California DMV to determine whether or not the driver’s license will be suspended. The Department of Motor Vehicles case is separate from the criminal court case the driver faces. With the help of a San Diego criminal defense lawyer like Mark Deniz, who has the experience in DUI and DMV cases, consequences of these hearings may be limited.

California DMV has the burden of proof at an APS hearing. It must prove by a preponderance of the evidence that the arresting officer had a reasonable belief that the driver was under the influence, that the arrest was lawful, and that the driver had a blood alcohol content (BAC) of .08% or greater while driving a motor vehicle.   If all three of these facts are proven, the license will be suspended.

The APS hearing officer serves as both prosecutor and judge. He or she will seek to enter the sworn statement of the arresting officer and other documents into the record. A California DUI criminal defense attorney will work to keep these documents out. DUI defense lawyer will argue that the documents are hearsay and should be suppressed.

One strategy is to argue that the documents cannot be entered into the record because certain facts related to their creation were not established, as required by the California Evidence Code. Also, if it can be proven that the officer made the arrest unlawfully, the arresting documents are hearsay and should not be allowed in. California criminal defense attorney with experience in DUI and DMV cases will argue that the reports should not be entered into the record.

Another tactic is to challenge the admission of chemical test results. If certain facts are not established, the chemical test results cannot be introduced. Without this evidence, the California DMV has no other way to establish a driver’s blood alcohol content.

Depending on the facts, the DUI defense lawyer may use witness testimony to present the case. Testimony from the driver or a passenger may be effective in fighting the case. The testimony can be presented live, or through a sworn statement or declaration.

The science of drunk driving defense is also crucial if a motorist is to succeed at the California DMV hearing. A forensic alcohol expert provided by the defense may be able to convince the DMV hearing officer that the driver’s BAC was below .08 percent at the time of driving.

After both sides present their cases, the California DMV hearing officer takes the case under submission. The driver receives the decision in the mail – usually in one to two weeks, but it is not uncommon for a month or more to pass before the decision arrives.

An Administrative Per Se (APS) hearing can result in two possible outcomes. The best possible result is for the DMV hearing officer to set aside the action – the revocation, suspension or restriction of the driver’s license. This means the California DMV case is over, and the driver can obtain a duplicate license from the DMV at no charge.

Another possible outcome is an Administrative Per Se action – the revocation, suspension or restriction of driving privileges. The California DMV hearing officer may impose certain requirements that must be met before driving privileges will be reinstated. These requirements generally include attendance at Alcohol education classes for three to 30 months. The length of the class depends on the number of DUIs and/or APS suspensions the driver has had in the past.

An Administrative Per Se action also means the driver must file a formal proof of insurance, or SR22, with the California DMV. This requirement may be imposed for at least three years.

The consequences of an unsuccessful Administrative Per Se (APS) hearing at the California DMV are severe, but can be avoided with expert legal help. California criminal defense attorney with experience defending DUI and DMV cases will work to reduce or eliminate the consequences imposed by the DMV at an APS hearing.

Hire a Proactive, affordable, and quality defense when you are facing San Diego DUI charges.  Whether you have been charged of a San Diego DUI, Poway DUI, La Mesa DUI, Santee DUI, Mission Valley DUI, Clairemont DUI, Point Loma DUI, La Jolla DUI, Carmel Valley DUI, Mira Mesa DUI, Pacific Beach DUI, Del Mar DUI, Carmel Valley DUI, Encinitas DUI, Oceanside DUI, Escondido DUI, Vista DUI, San Marcos DUI, Carlsbad DUI, El Cajon DUI it is vital you need to hire an attorney who knows how to defend your rights and can determine if the government can prove their case.  Contact the Law Office of Mark Deniz now for a free case evaluation. 


Latest, Proven Results

Outcome of Case: Wet Reckless

DUI .13% BAC, with a collision  
October 2017

Outcome of Case: felony Vandalism

Infraction-disturbing the peace
October 2017

Outcome of Case: Case Dismissed

DUI with BAC of .21%
October 2017

Protect Your License