| You must contact the DMV within 10 days to protect your driving privileges. The temporary driver’s license (the pink piece of paper you were probably issued expires 30 days after your arrest. The purpose of contacting the DMV is twofold. First your driving privileges will not be suspended before a hearing is held regarding your arrest. Second, your driving privileges will not be suspended until the hearing is held and a decision rendered.
Contacting the DMV to Request a Hearing
It is best, if you are going to retain an attorney, to allow the attorney's office to schedule the DMV hearing. Our fee includes this service, and we can schedule a hearing that works with our availability (court and DMV) schedule. For your convenience, if you cannot retain an attorney within 10 days, the phone numbers for Southern California DMV matters, to do so, is reproduced here:
| City of Commerce: |
(323) 724-4000 |
(323) 724-9262 |
| El Segundo: |
(310) 615-3500 |
(310) 615-3581 |
| Irvine (Orange County): |
(949) 440-4416 |
(949) 440-4424 |
| Oxnard: |
(805) 488-0863 |
(805) 488-3219 |
| San Bernardino: |
(909) 383-7413 |
(909) 383-7439 |
| San Diego: |
(858) 627-3901 |
(858) 627-3925 |
Call the office closest to the location of your arrest to request your hearing. Advise them that you are retaining an attorney, that you request a stay on your driver's license suspension, and that you will be sending a written request for discovery. They will ask if you request an "in person" or "telephonic" hearing, and we recommend that you set it for an in person, for reasons I am happy to discuss during our consultation. By making this request you ensure that that your driving privilege will not be suspended until your case is heard.
If you need our assistance, you can reach us by phone at (877) 568-2977 or via email at info@irvinedui.com, 24 hours a day.
| It’s been reported that hiring an experienced and knowledgeable attorney increases the odds of winning to somewhere between 40% and 70%. |
What happens at the DMV hearing?
A hearing officer will conduct the hearing. His or her function is to prosecute the case and make a final decision based on the evidence presented. Your need to drive or your need for a driver's license for work are not considered relevant and cannot be considered at the hearing. Likewise, you cannot apply for a "hardship" license based upon medical, employment, or education right to drive, unless you are under age 21. At the hearing, only the following issues will be discussed, by law:
If you took a blood, breath or urine test:
- Did the officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code 23140, 23152 or 23153?
- Were you placed under lawful arrest?
- Were you driving a motor vehicle when you had a 0.08% or more by weight of alcohol in your blood or 0.05% or more if under age 21?
If you refused or failed to complete a blood, breath or urine test:
- Did the officer have reasonable cause to believe you driving a motor vehicle in violation of Vehicle Code 23140, 23152 or 23153?
- Were you placed under lawful arrest?
- Were you told that if you refused to submit to or fail to complete a blood, breath or urine test after being requested to do so by a peace officer, that your driving privilege would be suspended for one year or revoked for two or three years?
- Did you refuse to submit to or fail to complete a blood, breath or urine test after being requested to do so by an officer?
Before the hearing you may see or obtain copies of DMV's evidence. Under a 2003 rule, any request for documents or police reports must be made in writing.
You may be represented by an attorney or other person, or you may represent yourself. You may present oral testimony and other evidence or you may file the information you would like to present in written form.
The DMV ordinarily will not arrange to have the officer testify. However, DMV reserves the right to call the police officer that arrested you if it is later determined that his or her testimony is needed. You may subpoena the officer or any other witness you feel may help your case. You are responsible for payment of any required fees and for making sure your witness receives the subpoena.
After the hearing, if you lose, you may request a departmental review in writing within 15 days, for an additional fee (as of 2003 this fee is now $150), or a court review by filing a writ with the Superior Court, and filing that writ within the number of days shown on the bottom of the notice that was mailed to you telling you the results of your hearing.
Can DMV hearings be won?
Yes. In many cases, there are legal questions on at least one of the three criteria above. The DMV must answer all three affirmatively to suspend the driving privilege. A skilled attorney can help discover and factually develop the issues that can win your case at the DMV.
According to the DMV's own statistics for 2001, the last year available, 17% of ALL persons who were suspended for DUI at the time of their arrest kept their driver's license by simply requesting a hearing to fight the suspension. The statistics below are from the DMV site.
| Total .08 and .01 in person or telephone APS hearings scheduled |
39,959 |
| Percentage of total APS actions resulting in scheduled hearings |
21.7% |
| Total .08 and .01 in person or telephone APS hearings held and/or completed |
38,591 |
| .08 hearings held and/or completed |
35,408 |
| .08 actions sustained or upheld following hearings |
30,618 |
| Percentage of .08 APS actions sustained/upheld following hearings |
86.5% |
| .01 hearings held and/or completed |
3,183 |
| .01 actions sustained or upheld following hearings |
2,698 |
| Percentage of .01 APS actions sustained/upheld following hearings |
84.8% |
It’s been reported that hiring an experienced and knowledgeable attorney increases the odds of winning to somewhere between 40% and 70%, depending upon the skills of the lawyer, hearing location and the particular hearing officer that your case is assigned to.
In a license suspension hearing, the DMV has to show that the suspension of your license is justified. The statement contained in the paperwork (temporary license and order of suspension) that YOU have to show the suspension not justified is a significant and very misleading statement of the law. The DMV has the burden of proof, not you.
This law requires the Department of Motor Vehicles (DMV) to suspend or revoke the driving privileges of any person arrested for driving under the influence who:
- Takes a breath test which shows a Blood Alcohol Concentrate (BAC) of 0.08% or more, 0.05% or more if under age 21, or
- Takes a blood or urine test and the officer believes that the driver is at or above the 0.08% BAC, 0.05% if under age 21, or
- Refuses to take or fails to complete a blood, breath or urine test of his or her BAC.
Do I need a hearing to get a restricted license to go to and from work?
No. A request for a restricted license cannot be considered at the DMV hearing. You may apply for a restricted license only after your license has been suspended for the mandatory period by law. A restricted driver’s license allows to drive to and from work, during the course and scope of your employment, and to and from an alcohol school. A restricted license is applied for at a DMV branch office, not at the Office of Driver Safety locations, which is where license hearings are held. |
