In San Diego, a DUI arrest triggers two separate battles: one in criminal court and one with the DMV. Even if your court case is eventually dismissed, the DMV can still suspend your license automatically unless you act fast. You have only 10 days from your arrest to request a hearing and stop the clock. At the Law Offices of Logan Noblin, we specialize in aggressive administrative defense to keep you on the road.
Don’t Let a Moment of
Conflict Define Your Future
The DMV is not a court of law; it is a bureaucracy designed to suspend licenses. The “Hearing Officers” are employees of the DMV, not neutral judges. They are trained to find “substantial evidence” to uphold your suspension based solely on the police officer’s written word.
A “standard” defense attorney who only focuses on the criminal court case will often treat the DMV hearing as a secondary formality. At the Law Offices of Logan Noblin, we treat the DMV hearing as a high-stakes tactical battle. We know that for our clients, the ability to drive is the ability to provide. We don’t just “show up” for the hearing; we audit the science, challenge the signatures, and fight to keep your life moving forward.
Defense In Every Corner
Administrative Per Se (APS) Hearings
The most common DMV battle. We challenge the 0.08% BAC threshold and fight the automatic suspension triggered by a standard DUI arrest.
Refusal Hearings
Accused of refusing a breath or blood test? These carry the harshest penalties—a one-year hard suspension. We fight to prove the officer’s “admonition” was flawed or nonexistent.
Commercial License (CDL) Defense
High-stakes representation for professional drivers. We understand that a DMV loss isn’t just a suspension; it’s a career-termination event.
Under-21 "Zero Tolerance" Hearings
For drivers under 21, even a 0.01% BAC can trigger a one-year suspension. We focus on technical errors and diversion options to protect their educational future.
Medication & Medical Probation
When the DMV seeks to revoke your license based on a medical condition or prescription use (Lapse of Consciousness). We provide the medical evidence to prove you are safe behind the
Negligent Operator Hearings
Facing a “Points” suspension? We challenge the DMV’s classification of your driving record to prevent a six-month loss of your driving privileges.
The Wins
* The Tactical Audit: Logan scrutinized the DS-367 form and noticed the officer failed to document the mandatory 15-minute observation period before the breath test.
The Hearing Officer ruled the chemical test was unreliable. The suspension was vacated, and the client’s driving record remained clean.
Our Proven 4-Step Blueprint
In San Diego, the DMV is a separate entity from the criminal court, and it moves much faster. While your court case may take months to resolve, the DMV will automatically suspend your license 30 days after your arrest unless you intervene. Logan Noblin uses a tactical blueprint to stop the bureaucracy in its tracks.
01
The moment you retain our firm, we contact the San Diego Driver Safety Office to formally request your Administrative Per Se (APS) Hearing. This is the most critical move in your defense.
02
DMV hearings are won or lost on technicalities. Logan Noblin treats the police report as a “draft” that needs a heavy edit. We perform a deep-dive into the administrative record to find:
03
The DMV hearing is not a “chat”; it is a formal legal proceeding. We go into the “ring” with the DMV Hearing Officer—who acts as both judge and prosecutor—to challenge their evidence.
04
The ultimate goal is to keep you behind the wheel. If we win the hearing, your suspension is vacated entirely. If the suspension is sustained, we provide a clear roadmap for:
Common Questions
Absolutely. A BAC reading is just a piece of data, not a final judgment. We challenge the machine’s calibration logs and Title 17 compliance. If the officer failed to observe you for a continuous 15 minutes or if the machine wasn’t maintained, those results can be suppressed, leading to a “Set-Aside” of your suspension.
A “Set-Aside” is the administrative equivalent of a dismissal. It means the DMV has officially dropped the action against your license. Your driving record remains clean of the administrative suspension, and you avoid the costly reissue fees and SR-22 insurance requirements.
The stakes for Commercial Driver’s License holders are extreme. A single administrative “finding” can result in a one-year disqualification from commercial driving. For CDL holders, the DMV hearing is often more important than the court case, as it directly impacts your ability to earn a living
A “Refusal” allegation triggers a one-year “hard” suspension with no possibility of a restricted license. We fight these by scrutinizing the officer’s “admonition”—if they didn’t clearly explain the consequences or if you were physically unable to provide a sample, we can often dismantle the refusal charge.
The moment you are arrested, your physical license is usually seized. The “pink paper” you receive is a 30-day temporary permit. If you don’t request a hearing within 10 days, your license will automatically suspend once that 30-day window closes. Requesting the hearing “stays” (stops) the suspension indefinitely until the hearing occurs.
While you can represent yourself, you will be facing a DMV Hearing Officer who acts as both prosecutor and judge. They rely on technical hearsay and police reports. Without an attorney who knows how to make proper evidentiary objections and cross-examine officers, winning is statistically unlikely.
The Court deals with “guilt” and “punishment” (jail, fines, probation). The DMV deals only with your “privilege to drive.” You can win in court and still lose at the DMV, or vice versa. You must fight both battles to protect your future.
Yes. Since the DMV must prove you were over 0.08% at the time of driving, we use forensic toxicology to prove your alcohol levels were actually rising and were below the legal limit when you were behind the wheel, even if they were higher by the time you reached the station.
An Ignition Interlock Device (IID) is a breathalyzer for your car. In many cases, installing an IID allows you to bypass a “hard” suspension and get back on the road immediately. We advise you on the specific timing to ensure you spend the minimum amount of time restricted.
Yes. Many San Diego licensing boards monitor the DMV’s “Action Taken” reports. An administrative suspension for DUI can trigger a secondary investigation by your licensing board. Winning at the DMV prevents this “red flag” from ever appearing on your record.
In drug-related cases, the DMV must prove you were “impaired” while driving. Since there is no “0.08%” equivalent for most drugs, these hearings are highly technical and rely on the observations of a Drug Recognition Expert (DRE). We challenge the DRE’s training and the reliability of their clinical indicators.
Not automatically. The DMV is an independent agency. However, certain court outcomes—like an acquittal on the “0.08% or more” charge (VC 23152b)—can be used to force the DMV to reverse a prior suspension. We coordinate your court and DMV strategies to maximize these “linkage” opportunities.
