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