If you are arrested for DUI, the arresting officer will confiscate your driver’s license and issue you a temporary license. The officer will then forward a notice of suspension or revocation form, the confiscated driver’s license, and a sworn statement to the DMV.
The DMV will hold a hearing to review the arrest. At the hearing, a DMV hearing officer will review the arrest report with the arresting officer’s sworn statement, the suspension or revocation order, and any test results. The hearing officer will decide whether to uphold the suspension or revocation of your driver’s license or reinstate your license with no further action.
Request a Hearing within 10 Days of Your Arrest
You have a right to request a DMV hearing to review the facts of your case. At the hearing, you may challenge the following:
- The arrest procedure,
- The validity of any tests,
- All testimony, including signed statements, of any witnesses against you, and
- All evidence the suspension or revocation of your license is based on.
You may have an attorney present to represent you, and you may subpoena witnesses to appear at the hearing.1
Request Evidence Prior to the Hearing
If you want to build your defense at the DMV hearing, you will need to request any evidence the DMV will use at least 10 days prior to the hearing so that the evidence can be reviewed. There are many arrest and evidentiary issues that can be challenged at a DMV hearing. Some of these include:
- There is insufficient evidence you were driving
- The officer lacked probable cause to stop you
- The officer failed to follow the breath machine checklist
- Records indicate significant or repeated problems with the breath machine
- The chemical test was administered beyond the three-hour limit
- Evidence indicates a rising blood-alcohol content level (and was not at .08% at the time you were driving)
- The officer (or other witness) failed to respond to a subpoena
The clock starts ticking on your case the day of your arrest. The sooner you contact an attorney, the more time your lawyer will have to review the facts of your case and plan a successful defense strategy.
What Happens if the DMV Upholds a License Suspension or Revocation?
If you are 21 years old or older, you may still be able to obtain a restricted license if the DMV decides to suspend or revoke your license. A restricted license will allow you to drive to work, school, and an alcohol education program. There are strict requirements you must meet in order to obtain a restricted license, including:
- Obtain proof of financial responsibility (i.e. proof of insurance)
- Mandatory period of 30 days has elapsed since suspension or revocation of license
- Pay reissuance fee of $125
- Request a restriction to allow you limited driving privileges and
- Enroll in a DUI first offender program as ordered by the court and notify the program of your intention to request a restricted license
You may be able to get a restricted license if this is not your first DUI in 10 years, but you will have to wait at least 90 days. If your conviction involved drug use, you will have to wait at least one year before obtaining a restricted license.
Call an Experienced Wallin & Klarich DUI Attorney Today
Losing your driver’s license will affect all areas of your life, including your ability to work, to perform other responsibilities, and your leisure time. At Wallin & Klarich, we understand the standards and procedures you must take in order to protect your license. Our attorneys have been successfully defending our clients facing DUI charges for over 30 years. We have the necessary experience and skill to help you to get the best possible result in your case.
With offices located in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich DUI defense attorney available to help you no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.