When arrested for DUI in California, is your license is automatically suspended?
The DMV Hearings Process
When arrested for DUI in California, your license is automatically suspended. However, you will receive a pink “Suspension Order and Temporary License” which allows you temporary driving privileges for 30 days. Following your arrest, you have ten days to contact the Department of Motor Vehicles to schedule a hearing, also known as an Administrative Review Hearing to contest your license suspension. If you do not make this appointment within 10 days, your license is automatically suspended after your 30 day temporary license expires. This hearing has only to do with your driving privileges, and does not affect the criminal aspect of your case, which will require separate handling.
Your DMV Hearing may be conducted in person or over the phone. If you request an in person meeting, it will be at a local DMV Driver’s Safety Office. The Hearing officer who works at the DMV will act as the judge. Both the police officer and yourself will have the opportunity to present the facts and any witnesses. The issues that are reviewed at this hearing involve whether your were arrested lawfully, whether your blood alcohol content (BAC) was over the legal limit of .08% and whether you were the actual driver. If any of the three can be disputed, your license suspension may be overturned and you may get your driving privileges back.
As you can see, if you have been arrested for DUI, it is important to contact a Santa Barbara DUI defense attorney right away. If you do not schedule your hearing in a timely manner, you risk losing your license. Even if you schedule and attend the hearing, if you do not have adequate representation, you still run the risk of having a license suspension that could severely limit your ability to work or go to school. Don’t delay once arrested, contact the Law Office of Kenneth M. Hallum immediately.
When facing a DUI DMV Hearing, don’t go unprepared! Contact the Law Offices of Kenneth M. Hallum right away.