In California, you have just 10 days to request a hearing with the DMV after a DUI arrest.
For many people charged with a DUI offense, the biggest concern is the criminal case; after all, a criminal conviction can have serious consequences on your life. But there is another factor to consider: the impact of a DUI arrest on your ability to drive. Under California law, if you have been arrested for a DUI, the police will confiscate your drivers’ license. You then have just ten days to request a hearing with the DMV. Requesting a hearing is the only way to contest a license suspension. That’s why it is so important that you contact a knowledgable Southern California DUI defense attorney as soon as possible after being arrested for a DUI.
The Importance of Requesting a DMV Hearing
When you are arrested for a DUI, you will likely be informed of your right to request a hearing with the DMV. This request has to be made within 10 days of your arrest. If you do not request a hearing, your license may automatically be suspended, taking away your right to drive and your freedom to move. This could have a substantial impact on your daily life, including your ability to go to work or take care of your children. Beyond these practical factors, the DMV hearing presents an important opportunity for your DUI defense attorney to learn what kind of evidence the police have against you. This could ultimately benefit your defense in the criminal case.
What Happens At the DMV Hearing?
At the hearing, the DMV will not make a decision about whether or not you are guilty of the crime of driving under the influence. This is an administrative hearing, where the DMV will look at whether or not you were lawfully arrested. This may include testimony from the arresting officer about why they believed that you were under the influence and what your blood alcohol content (BAC) was at the time of your arrest. Your attorney will cross-examine these officers, and will often present additional evidence on your behalf. If the DMV representative holding the hearing believes that the arrest was not lawful or warranted, then your license will be returned to you and will not be automatically suspended.
What If I Am Convicted of DUI?
If you are convicted at trial of driving under the influence, your license will be suspended as part of the penalty for the DUI charge.
Contact the Chambers Law Firm Today!
The ability to drive is an incredibly important privilege that affects your daily life. Without a license, you may not be able to go to work, attend class, drop your kids off at school and more. DUI cases can be complicated, involving two separate situations: the administrative hearing before the DMV and the criminal case. A seasoned DUI defense attorney can advise you of your rights, request a DMV hearing, fight for your right to keep your license, and defend you in a criminal trial. Because there is a time limit on requesting a DMV hearing, it is crucial that you contact a DUI attorney as soon as possible after your arrest. Attorney Dan Chambers of the Chambers Law Firm is the top DUI defense attorney in Southern California. Call 714-760-4088 or email dchambers@clfca.com his office today to set up a free initial consultation!
