Many drivers arrested on Los Angeles DUI charges or driving under the influence of drugs (DUID) don't realize that their drunk driving arrest actually triggers two separate cases - in criminal court and at the DMV. Before the passage of a new law, both the courts and the DMV could order the suspension of your license, but only the DMV could actually suspend it.

However, California passed a law affecting Los Angeles DUI arrests that occurred after Sept. 20, 2005 that stripped the courts' power to suspend or revoke your driver's license. Now only the California DMV can suspend your driver's license after a Los Angeles DUI arrest, either because you lost your DMV hearing or were convicted in criminal court.

Fortunately, you can get much-needed help with both of these cases from an experienced Los Angeles DUI attorney. Although both cases require fast action, the California DMV administrative action is much more time-sensitive, because you have only 10 calendar days from the date your Los Angeles DUI arrest to request a DMV hearing.

If you fail to request a hearing within the 10-day period, which includes weekends and holidays, you will automatically lose your driver's license for 30 days. Even if you're licensed outside of California, your home state may suspend your driving privileges because of the Interstate Driver's License Compact.

The California DMV action brought against you after a Los Angeles DUI arrest is known as an administrative per se hearing, or APS. These hearings to determine the fate of your driver's license are held at DMV Driver Safety Offices, not at DMV field offices.

The types of issues raised at your APS hearing will vary, depending on whether submitted to a chemical test to determine your blood alcohol content after your Los Angeles DUI arrest, or refused the test.

If you took a blood or breath test to determine your BAC, three issues are at stake - whether police had reasonable belief that you were under the influence, whether the arrest itself was lawful, and whether your chemical test was administered correctly and showed that you had a BAC of .08 percent or greater.

If you refused to take a chemical test after your Los Angeles DUI arrest, it is critically important to establish whether you were told of the repercussions of the refusal, and whether you continued to refuse the test after being advised of the consequences. If your DMV hearing is unsuccessful, your driver's license suspension will be substantially longer than for a driver who submitted to a chemical test.

Your DMV hearing after a Los Angeles DUI arrest will be different from a court trial in several ways. Unlike court trials, the evidence against you will likely consist of police and chemical test reports rather than live witness testimony. Because of this, DMV hearings are extremely complex and technical.

The evidence that will be introduced against you at your DMV hearing is considered hearsay, which is generally inadmissible. This will work to your advantage if you're represented by an experienced Los Angeles DUI attorney. Your attorney should challenge the evidence against you based on the hearsay rule, and if that evidence cannot be introduced, the DMV cannot suspend your driver's license.

The California DMV is concerned with the administrative aspects of your Los Angeles DUI arrest, not the criminal case. The DMV has the sole power to revoke, suspend or restrict your driver's license in a civil action, not a criminal prosecution. Therefore, you enjoy far fewer constitutional protections at your DMV hearing.

By far, the most unusual aspect of your California DMV hearing following your Los Angeles DUI arrest is the role of the DMV hearing officer. At a DMV APS hearing, the prosecutor and the judge are the same person, meaning the individual seeking to introduce evidence against you is the same person who will rule upon it. The DMV hearing officer isn't even a judge or a lawyer - it's a DMV employee.

The driver's license suspensions handed down to accused Los Angeles DUI drivers after an unsuccessful DMV hearing are quite punitive. Even a first-offense Los Angeles DUI arrest will be met with a four-month driver's license suspension, although you may be able to obtain a restricted license to drive to work. If you refused a chemical test, you face an even longer suspension of one year, with no opportunity to get a restricted license.

If you've been convicted of DUI within the past10 years, you face even greater repercussions. For a second-offense Los Angeles DUI arrest, the California DMV will suspend your driver's license for one year, or two years if you refused a chemical test. For a third DUI offense within 10 years, your license will be suspended for three years.

It probably seems as if the odds are stacked against you in the DMV hearing, but it is possible to prevail at an APS hearing following a Los Angeles DUI arrest. A Los Angeles DUI attorney at Lieber, Williams & Labin has experience in defending DMV hearings and will analyze all of the evidence in your administrative per se case and devise an aggressive strategy to protect your driver's license.