| THE DMV REQUIRES THAT YOU ACT WITHIN ONLY TEN DAYS (not business days) from the date of your arrest to protect your driving privileges. |
If you are arrested in California for drunk driving or DUI, you must act quickly. While your arraignment in the criminal court may not be held immediately, under a law enacted by the legislature and signed into law by the Governor as a stronger deterrent to drunk driving, (and known as the ADMIN PER SE Immediate Driver License Suspension program, you must act to save your license with the DMV by requesting both a hearing, AND a stay on your license suspension.
Call Robert Miller and Associates at (877) 568-2977 today to have our firm set a hearing, which we will attend, and fight for your license in front of a DMV hearing officer for you, and begin to help you protect your driving privileges.
Orange County DUI license hearings are conducted at the DMV Irvine Office of Driver Safety.
California has some of the nation's toughest laws for driving under the influence (DUI). The DUI laws punish offenders for operating a motor vehicle while under the influence of alcohol, drugs or a combination of drugs and alcohol.
You probably were given a pink notice of suspension and temporary driver's license (Form DS-367) at the time of your arrest or release from jail. The DMV wants to suspend your driver's license for anywhere from 4 months (first offense with blood alcohol over 0.08%) to 3 years (third or more offense with chemical test refusal) as a result of your drunk driving arrest. This is an entirely separate proceeding from your criminal prosecution. A public defender will not handle a DMV hearing for you. The court does not have the power to give you a restricted license, as the DMV has the ultimate jurisdiction over your driving privilege.
You have the right to request a hearing from the DMV within 10 days of receipt of the suspension or revocation order. Our firm can help you do this. If, after hearing the argument of an attorney regarding your license, the review shows there is no basis for the suspension or revocation, the action will be set aside. You will be notified by the DMV in writing only if the suspension or revocation is set aside following the administrative review.
What happens after a DUI or drunk driving arrest?
The arresting officer is required by law to immediately forward a copy of the completed notice of suspension or revocation form and any driver license taken into possession, with a sworn report to the DMV. The DMV automatically conducts an administrative review that includes an examination of the officer's report, the suspension or revocation order, and any test results. If the suspension or revocation is upheld during the administrative review, you may request a hearing to contest the suspension or revocation.
Order of Suspension and Temporary License
The license given by the officer (usually a pink piece of paper) is temporary. You may drive for 30 days from the date the order of suspension or revocation was issued, provided you have been issued a California driver license and your driver license is not expired, or your driving privilege is not suspended or revoked for some other reason.
At the time of my arrest, the officer confiscated my driver license. How do I get it back?
A driver license will be returned, at the end of the suspension or revocation, provided there is payment of a $125 reissue fee to the DMV and you file proof of financial responsibility. The reissue fee remains at $100 if you were under age 21 and were suspended under the Zero Tolerance Law pursuant to Vehicle Code §§23136, 13353.1, 13388, 13392. If it is determined that there is not a basis for the suspension or revocation, your driver license will be issued or returned to you.
DMV Research Links:
California List of Court and DMV Approved Alcohol Schools and DUI Programs
California Department of Motor Vehicles Publications
California DMV Office of Driver Safety Locations and Addresses
If you or a loved one values saving your driver’s license, get professional representation from an experienced attorney immediately to protect your driving privilege. Our firm also represents individuals with negligent operator (too many points) suspensions, and medical suspensions before the Department of Motor Vehicles.
You can reach us by phone at (877) 568-2977 or via email at info@irvinedui.com. |
