After a DUI arrest, you have 10 days to request a DMV hearing to contest your license suspension.
Being arrested for a DUI in California carries many consequences, one of which includes the loss of your license. Before you are convicted of a DUI, the California Department of Motor Vehicles (DMV) will take action to administratively suspend your driver’s license. This comes as a surprise to many people, particularly as they may still be in shock after being arrested for a DUI.
After your arrest, the police will seize your California drivers’ license and issue you a Notice of Suspension. This notice will serve as your temporary license for up to 30 day, and gives you information about how you can request a hearing with the DMV. If you do not request a hearing within 10 days after your arrest, then you lose your right to request a hearing. The only way to contest (dispute) your license suspension is to request a hearing. If you do not request a hearing, then your license suspension will automatically go into effect at the end of the thirty days.
However, if you do request a hearing, then the notice will serve as your license until the date of the hearing. At the hearing, a hearing officer — who is typically not a lawyer or a judge, but a DMV employee — will not be determining if you are guilty or innocent of the crime of driving under the influence. Instead, he or she will be considering if the police had reason to believe that you were driving under the influence of alcohol, if your arrest was lawful, and if you were driving with a blood alcohol content (BAC) of .08 percent or more.
You do not have to request a hearing. If you do request one, then there are certain situations in which you may not have to attend the hearing. A DUI lawyer in Riverside, CA can often attend on your behalf if the circumstances warrant it. For example, it is possible that you were arrested in a different county or city from where you live or work, and it would simply be too difficult for you to attend the DMV hearing. Perhaps you were arrested for a DUI while you were on vacation, and cannot afford to travel back for the hearing; in that case, your DUI attorney may attend your hearing for you. You may also not be able to take time off of work, in which case your DUI lawyer may also attend for you. Talk to your DUI lawyer in Riverside, CA to learn more about requesting a DMV hearing and your options for attending it based on your specific circumstances. It may be more beneficial for you to come to your hearing and testify in person, or perhaps it would be advantageous in your case to save your time off or funds in case you have to go to trial.
Ultimately, a DMV hearing can be helpful because it gives you a preview of the state’s case against you, and allows your DUI lawyer to test its strengths and weaknesses. An experienced DUI lawyer in Riverside, CA can work with you to determine if attending a DMV hearing is necessary in your case.
If you have been arrested for a DUI, contact the Chambers Law Firm at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation. We will work hard to protect your rights and your freedom.
