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It is important that you contact us as soon as possible if you are facing criminal charges. Let the experienced criminal defense attorneys at Hammerschmidt Law Corporation protect your rights.
DMV Hearings
After you are cited for a DUI, two separate and simultaneous official proceedings begin. One is through the California Department of Motor Vehicles (DMV) which is called a DMV hearing and one is through the court. The DMV hearing is an administrative hearing and determines whether or not your driver’s license should be suspended or revoked.
Important: You have ten days from the day you were arrested or cited for a DUI to request a DMV hearing and halt that suspension.
When you are cited for a DUI, usually the officer will take your driver’s license and provide you with a pink piece of paper – which is your temporary license. This temporary license is valid for 30 days. If you request a DMV hearing within 10 days that 30 days will be extended until after the DMV hearing occurs and the decision is made. If you do not request a DMV hearing, your license will be automatically suspended after the 30 day temporary license expires.
Possible Defenses:
- were you lawfully placed under arrest?
- did the law enforcement officer have probable cause?
- was your BAC above the .08% legal limit?
- and others