DMV Hearing for DUI License Suspension
You or your ATTORNEY MUST REQUEST A DMV HEARING
WITHIN 10 DAYS OF YOUR DUI ARREST. Failure to do so will result in automatic suspension of your California Driver’s License.
If you’ve been arrested for DUI in San Diego County, you have likely lost your California Driver’s license. The arresting officer should have given you a pink form that is a 30 day temporary license.
If your driver’s license is from out of state, the DMV will notify that state of your DUI arrest.
You or your attorney must request a DMV Hearing within 10 days of your DUI arrest. If not, you waive your right to a hearing on the matter, and forfeit your driver’s license.
The DMV Hearing Is Different than Criminal Court
The DMV Hearing is separate from your criminal charges, and is your first opportunity to examine the evidence and documents pertaining to your arrest. This is the time to challenge the DMV’s suspension of your driver’s license.
If the DMV rules against you, you do have the opportunity to appeal the decision and request another hearing through the Superior Court. However, you must start your DMV proceedings within 10 days of the arrest.
Do You Need an Attorney for the DMV HEARING?
You do have the right to be represented by legal counsel. However, your DMV Hearing is separate and different from your criminal courts proceedings, and you will not be assigned a lawyer for the DMV hearing, as a public defender might be in criminal court. It’s best to hire an experienced attorney to speak for you at the DMV Hearing.
You and your attorney will be able examine evidence and documents in your case, and you will be able to present your own testimony, evidence, photos, statements or medical records to help in your defense.
You and your attorney will also be able to subpoena, question and cross examine witnesses, and the arresting officer at the DMV Hearing.
If you disagree with the DMV Officer’s decision you and your attorney can submit a request for an appellate DMV hearing.