How Long Do I Have to Request a Driver’s License Hearing?
You only have ten days to request a driver’s license suspension hearing. After being arrested for DUI, the DMV will automatically suspend your driver’s license for thirty days unless you schedule a driver’s license hearing. At the hearing, an attorney can help you demonstrate that your license should not be suspended. After an arrest, you should not wait to schedule a hearing, even if you have a good case.
What is the DMV Hearing Process in California?
When charged with DUI in the state of California, the police officer who conducts the arrest has the right to take away your driver’s license and issue a temporary license. The only way to avoid license suspension under these conditions is by scheduling a DMV hearing within 10 days of the arrest. If you fail to do so, you can face the possibility of an automatic license suspension.
Any driver who successfully schedules a hearing within this timeframe will not have his or her license suspended until the DMV hearing has taken place and an outcome has been reached. Once you request a DMV hearing, an appointed DMV administrator will review your case.
If the evidence presented to the DMV does not indicate that you were driving under the influence and/or had a blood alcohol content of .08% or more, you may be eligible to have your driving privileges reinstated. This does not signify that you will not still be charged with DUI.
DMV hearings are conducted separately from criminal proceedings. This means that the DMV hearing will only concern whether you violated a section of the Vehicle Code and if you will face license suspension as a result – while the criminal case concerns your guilt and criminal punishment.
My BAC Was More Than .08%, Can I Still Win My DMV Hearing?
Yes. If tests indicate that your BAC was over the legal limit, you can still win your DMV license suspension hearing. During the hearing, the DMV will determine whether or not the chemical testing used to measure your BAC was administered correctly.
For example, if the officer who conducted the breath test was not properly trained, the DMV may decide to set aside your mandatory license suspension. If law enforcement used a blood test to determine your BAC, the DMV may allow you to keep your license if the test was not administered properly.
How a DMV Hearing Lawyer Can Help
A driver’s license hearing lawyer from our firm can accompany you to the DMV hearing. At this time, our efforts will be geared toward proving that your driver’s license should not be suspended.
Arguments that can be used in your defense at this time include:
- The law enforcement officer did not have reasonable cause to believe you were driving under the influence
- Your arrest was made unlawfully
- Your BAC level was not above the legal limit
At Lessem, Newstat & Tooson, LLP, our attorneys can assist you with scheduling a DMV hearing and provide knowledgeable and dedicated representation to fight a driver’s license suspension. Don’t wait. Contact our firm today!
