858-429-9982 858-429-9982
  1. AVVO Top Contributor

    Congratulations Mark!
    Having earned 1,500 contributor points this year, we are pleased to present you with the Top Contributor Award.

    reviews-avvo

    Congratulations Mark!
    Having earned 1,500 contributor points this year, we are pleased to present you with the Top Contributor Award.

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

    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.

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

    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.

  3. 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.

    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.

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

    Proudly Serving the Community Service 2003

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

    <#include "/design/includes/yelp.ftl">

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

    Lawyer.com

    Mark Deniz has achieved Premium status for Lawyer.com which reinforces his credibility and status to the legal community.

  5. Mark Deniz was recognized with the "Top Contributor" award by Avvo, which provides an open forum on which legal questions concerning DUI Defense and criminal law by qualified legal practitioners.

    SAN DIEGO | Attorney | MArk L. Deniz,

    Mark Deniz won the Attorney Spotlight for January - San Diego Attorney Jornal

  1. AVVO Top Contributor

    Congratulations Mark!
    Having earned 1,500 contributor points this year, we are pleased to present you with the Top Contributor Award.

  2. reviews-avvo

    Congratulations Mark!
    Having earned 1,500 contributor points this year, we are pleased to present you with the Top Contributor Award.

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

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

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

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

  7. 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.

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

  9. 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.

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

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

  12. The National Trial Lawyers - Top 100 Trial Lawyers

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

  13. 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.

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

  15. 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.

  16. Proudly Serving the Community Service 2003

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

  17. <#include "/design/includes/yelp.ftl">

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

  18. Lawyer.com

    Mark Deniz has achieved Premium status for Lawyer.com which reinforces his credibility and status to the legal community.

  19. Mark Deniz was recognized with the "Top Contributor" award by Avvo, which provides an open forum on which legal questions concerning DUI Defense and criminal law by qualified legal practitioners.

  20. SAN DIEGO | Attorney | MArk L. Deniz,

    Mark Deniz won the Attorney Spotlight for January - San Diego Attorney Jornal

The DMV APS Hearing and a San Diego DUI Driving Under the Influence Case. DUI Defense Attorney Lawyer explains

When you are arrested with a San Diego DUI, you have to deal with BOTH the courts and the DMV.  The two are connected but separate.  You have to use both to your advantage if you want to get the best resolution possible.  Call the Law Offices of Mark L. Deniz APLC now to get started on your case at (858) 751-4384.

DMV 2.jpg

No Public Defender

Some people resign themselves in pleading guilty.  They believe since they are doing this, they should forego getting a private attorney and go with the public defender.  The public defenders can help you in court, but they do not help you with the DMV side.  For many people, the biggest issue with a DMV charge is ensuring they can continue driving.  This usually means getting your restricted (provisional) license as soon as possible.  Some people think they can google the answer.  The reality is you want to make sure you are navigating through the process.

Why worry about the DMV APS Hearing?

For one, you want to fight your case every step of the way.  Our firm likes to be as proactive as possible.  This includes getting the videos, reports, and other items BEFORE your court date.  San Diego DUI cases begin on the courtside around six weeks from the date of arrest.  Do not wait for six weeks.  You want to get the ball rolling.  Call the Law Offices of Mark Deniz at (858) 751-4384. 

DMV APS Hearing Basics

There is a difference between a DMV hearing and a criminal charge for drunk driving in San Diego. The DMV hearing is an administrative proceeding regarding your driving privileges and the circumstances surrounding the arrest, not the issue of whether you are innocent or guilty of a criminal act.

If the decision in your administrative per se (APS) hearing is against you, your driver's license will be suspended, but you have the right to request an administrative review of the decision by the department, and you have the right to appeal the decision to superior court.

All drivers in California consent to taking a breath or blood test when they get behind the wheel of a motor vehicle. If you are suspected of driving under the influence of alcohol, drugs or a combination of both, you will be required to take a urine test also.

Under 21 -- "Baby Deuce" -- Zero Tolerance for Alcohol Use: Individuals under the age of 21 must submit to a preliminary alcohol screening (PAS) or another chemical test if a police officer has reason to believe you were drinking.

  • If the PAS detects any alcohol in your system, your driver's license may be taken and suspended for one year. You will be issued a temporary license for 30 days, and you may request a DMV hearing within 10 days of your arrest.
  • If the PAS detects a BAC of .05 percent, the officer may administer a breath or blood test.
  • If a breath or blood test detects a BAC of .05 percent or higher, the officer will arrest you for DUI, and you will be detained until you can be released to your parents or juvenile authorities. (Vehicle Code Section 23140)
  • If the officer believes you are under the influence of alcohol or drugs, you may be required to submit to a blood or urine test. The breath test does not detect the presence of drugs.
  • If you refuse to submit to the PAS, breath test, blood test or urine test, your driver's license may be suspended.

DUI stop.jpeg

What Is A DMV/APS Hearing And What Issues Are Discussed?

The DMV hearing is not required, but it can be requested within 10 days of your arrest. It is tape recorded, and it can be conducted by phone or in person. It is held before a driver safety hearing officer at the DMV. At the hearing, you will be able to review and challenge the evidence brought by the DMV, and to present evidence, witnesses and testimony to persuade the DMV to modify or rescind the action against you. It is critical to have a private lawyer to represent your best interests, protect your rights and build a strong case to protect your license. A public defender will not help you in this phase of the process.

Issues and questions addressed in the hearing include:

  1. Did the police officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140, 23152 or 23153?
  2. Were you placed under lawful arrest?
  3. Were you driving a motor vehicle when you had a BAC of 0.08 percent or more by weight of alcohol in your blood?
  4. Did you refuse to submit to or fail to complete a blood test, breath test or urine test after requested to do so? Were you informed of the consequences of refusal?

Your Legal Rights At A DMV Hearing

  • You have the right to be represented by an attorney at your own expense.
  • You have the right to review evidence, cross-examine witness testimony, and present evidence, witnesses and testimony to persuade the DMV to modify or rescind the action against you.
  • You have the right to request an administrative review of the decision by the department if the DMV decision is against you, and you have the right to appeal the decision to superior court. However, such requests must be made within a certain time period, which is dependent on your type of hearing (stated in the notice containing the hearing decision).

What If You Are Found Not Guilty In The DUI Criminal Charge?

If you are found not guilty of the DUI charge in criminal court, a suspension or revocation will be reversed if it is determined by the San Diego DMV that the court decision does, in fact, equal an acquittal.

  • If the criminal charge is reduced, you may still have issues getting your driver's license back. A reduction of a DUI charge to reckless driving is separated and independent from the DMV administrative proceeding, and it does not affect your license suspension.
  • If the criminal case is dismissed, you still may have to deal with the DMV. Current laws may permit a driver a renewed right to a hearing within one year of the arrest date when a DUI charge is dismissed or not filed by the San Diego district attorney due to lack of evidence, or filed, but later dismissed by the court because of insufficient evidence.

If you are convicted of a DUI, you can likely get a restricted license if you have a noncommercial driver's license and you show proof of enrollment in a DUI treatment program, file proof of financial responsibility and pay a $125 reissue fee after a mandatory 30-day suspension. Additionally, you can likely obtain a restricted driver's license if you have a commercial driver's license and you were not operating a commercial vehicle at the time of the offense and you pay the $125 reissue fee after a mandatory 30-day suspension.

  • You may request a restricted license to drive to and from the DUI treatment program and to, from and during work.
  • The reissue fee remains at $100 if you were under age 21 and were suspended under the Zero Tolerance Law pursuant to Vehicle Code 23136, 13353.1, 13388 or 13392.
  • Any driver with a second DUI offense within seven years may submit proof of enrollment in a DUI treatment program, proof of financial responsibility and pay a $100 reissue fee one year after the effective date of the suspension to drive to and from an alcohol program and to, from and during work.
  • Any driver with a third or subsequent DUI offense within seven years is not entitled to apply for any type of restricted license.

If you win the DMV hearing, the hearing officer will set aside the suspension and let you keep your license. The DMV hearing officer can only set aside the administrative action against your driving privilege. This decision is separate and independent from any criminal charge. The prosecutor handles the criminal case against you. 

 

 

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 at (858) 751-4384.

 

Some APS DUI Facts:
In 1990, California became the 28th state to implement an immediate driver license suspension law for alcoholimpaired drivers, also referred to as an "Administrative Per Se (APS)" or "on-the-spot" license suspension law. Forty-two states currently have an APS law of some kind, and all 50 states and the District of Columbia have laws defining it as a crime to drive with a blood alcohol concentration (BAC) at or above .08%. The California APS law requires the Department of Motor Vehicles (DMV) to suspend or revoke the driving privilege of persons who are arrested for driving with a BAC of .08% or more, or who refuse a chemical test, upon arrest. In January 1994, California implemented a companion driver license suspension law, known as the "zero tolerance law," which requires DMV to suspend for one year any driver under age 21 with a BAC of .01% or more as measured by an alcohol screening test, or who refuses or fails to complete the test. The .01% BAC law provides for a hardship restriction only if a BAC test was completed and the driver can demonstrate a critical need to drive. All states now also have "zero tolerance" laws for underage drivers. As of January 2009, DMV is required to suspend for one year the driving privilege of any driver who is on probation for a prior driving-under-the-influence (DUI) offense and who is caught driving with a BAC of .01% or more as measured by an alcohol screening test, or who refuses or fails to complete the test. This action is carried out concurrently with any .08 APS action imposed for the same offense. These administrative actions are independent of any court imposed criminal penalties for conviction of the DUI offense. Upon arrest, citation (as may be applicable in a probation violation), or detention (as applicable in the .01% APS law), the driver's license is immediately confiscated and an order of suspension or revocation is served. For each law, due process is accommodated by the issuance of a 30-day temporary license intended to provide the driver with sufficient time to challenge the suspension through DMV administrative review. Offenders who are dismissed for insufficient evidence or are, following arrest, never charged by the court for DUI may request an APS dismissal hearing to consider setting aside the associated APS action. Under the .08% APS law, when a driver submits to and "fails" a BAC test and has no prior DUI convictions or APS actions (within 10 years), a 4- month license suspension is imposed. Following 30 days of "hard" or stringent suspension and providing they first demonstrate proof of insurance, show proof of enrollment in a DUI program, and pay all penalty fees, the law provides for such drivers to obtain a 5-month restricted license that allows driving to and from DUI program, and to, from, and during the course of employment (a COE restriction). A 1-year suspension is imposed on drivers having one or more prior DUI convictions or APS actions within 10 years. As of July 2010, after meeting all the above restriction requirements and installing an ignition interlock device for the remainder of the original license suspension term, the law provides for such repeat offenders who consent to a BAC test to obtain a restricted license after completing 90 days of suspension if within 10 years they had only one prior APS or DUI offense, or after 6 months of suspension if they have had two prior APS or DUI offenses. No early restricted license privileges are allowed under APS for offenders having three or more prior APS or DUI offenses. For offenders refusing a BAC test, a 1-year license suspension is imposed for a first offense, a 2-year revocation is imposed for a second offense, and a 3-year revocation is imposed for a third or subsequent offense (within 10 years). There are no provisions for issuance of a restricted license following a BAC test refusal. A commercial driver arrested for DUI in a noncommercial vehicle and having no prior DUI convictions or APS actions may downgrade to a noncommercial license and apply for a first-offender restricted license. As of January 1, 2007, the per se BAC limit was reduced to .04% for commercial drivers operating a commercial vehicle in association with the arrest, and these commercial drivers are eligible for the same restriction as other drivers committing a first offense, except the restriction does not allow travel to, from, or in the course of employment. California Administrative Per Se Facts - Page 2 of 4 Key Findings for 2016  The administrative license suspension or revocation actions, or administrative per se (APS) actions, listed throughout this report are limited to the APS actions resulting from alcoholinvolved driving arrests or detentions and exclude counts of administrative probation violation actions. In addition to the APS actions already in operation, as of 1/1/09 drivers on probation for a prior DUI conviction who are caught driving with a BAC of .01% or higher are subject to a separate but concurrent administrative license action.  DUI arrests or detentions for which an APS action was initiated have dropped every year since 2008. In 2016, there were 134,595 APS actions initiated, which represents a decrease of 7.6% from 145,663 in 2015. This eight-year trend may be due to documented statewide decreases in traffic enforcement which began in 2008 and is consistent with comparable decreases in overall DUI arrests. Beginning in 2008, many law enforcement agencies experienced staffing cuts generally attributed to the economic downturn.  The percentage of total arrested DUI offenders in 2016 that refused a chemical test (7.17%) increased 8.6% from last years' rate. The refusal rate has increased every year since Missouri v. McNeely (2013), the Supreme Court ruling which introduced a general requirement of the arresting officer obtaining a search warrant prior to initiating an involuntary blood draw. This years' refusal rate is nearly as high as it was in 1990 when the refusal suspension/revocation terms were increased to their current lengths subsequent to the introduction of APS.  APS actions were vacated, or set aside, for 10.59% of all APS actions initiated in 2016, up slightly (1.5%) from the 2015 rate of 10.43%. The set-aside rate for 2016 represents the fourth year of increasing set-aside rates since the 2013 rate of 9.05%. Of all the APS actions set aside in 2016 (14,256 actions set-aside), 63.7% were set aside during the initial administrative review process, which is outside the formal hearing process.  In 2016, 36.1% of all APS actions initiated resulted in a scheduled hearing (48,614 cases out of 134,595 total actions initiated); a 5.6% increase from the percentage scheduled in 2015. A stay of the APS action was imposed for 81.2% of the actions scheduled for a hearing in 2016, indicating that the onset of the APS license action was delayed until the completion of a hearing.  In 2016, the percentage of cases set aside following .08 hearings rose 7.1%, while the percentage of .01 hearings set aside dropped 1.5%. At the same time, the percentage of refusal actions set aside following .08 hearings increased 11.2%, while refusal actions set aside following .01 hearings rose 81.3%. Readers are cautioned that because these totals are small, the percent change can fluctuate widely. In this instance, the increase in .01 refusal hearings set aside only amounts to three cases (6 in 2015 and 9 in 2016).  In 2016, the department mailed APS-action-orders in 26.4% (35,573) of the total 134,595 APS actions initiated, a 7.8% increase from the 24.5% of DMV APS-mailed-orders in 2015. The department mails APS orders to either correct an original order issued by law enforcement or when there is no record of an order being issued by law enforcement.  Only 1.7% of net APS actions taken in 2016 (2,087 actions out of 120,339) were for commercially licensed drivers. The net total dropped 10.1% from actions taken in 2015 (2,322 actions out of 130,468). Of these net 2016 actions taken, 4.9% were taken against drivers who were operating a commercial vehicle at the time of DUI arrest (102 out of 2,087), up 45.7% from 2015 (70 out of 2,322 cases). Readers are cautioned that because these totals are small, the percent change can fluctuate widely.  In 2016, 5.5% of departmental reviews held resulted in an action set aside; an unprecedented increase of 77.4% from the prior year. Departmental reviews are 

No Comments

Leave a comment
Comment Information

Latest, Proven Results

Outcome of Case: Charges reduced to a misdemeanor

Felony DUI with Injury  
May 2018

Outcome of Case: Case Dismissed

Felony Domestic Violence
May 2018

Outcome of Case: Wet Reckless

1st time DUI, .12% BAC with a collision
May 2018

Protect Your License