The DMV Process Simplified
From Attorney Simmons
When you are arrested for a DUI, you basically have two separate cases to fight: The DMV hearing regarding your license suspension and the court hearing regarding your criminal record.
The DMV Hearing – The 10 Day Deadline
After a California DUI arrest, you have 10 days to contact DMV to request an Admin Per Se hearing. If you fail to contact DMV within the first 10 days of the date of the arrest, you give up your right to a DMV hearing and your California driver’s license will automatically be suspended.
The DMV hearing is an Administrative proceeding, presided by an Administrative Hearing Officer (aka, DMV employee). This Hearing Officer is not legally allowed to hear requests for you to keep your license in order for you to drive to work. They cannot legally take into consideration that you have never done this before and are only regretful about the fact you drove intoxicated.
Instead, in grossly simplified terms, the Hearing Officer will only be able to hear arguments and objections as to:
a. The reason for the stop.
b. Whether or not you were verifiably driving with a blood alcohol level above a .08%
c. whether or not the DMV paperwork is completely properly.
If you allegedly refused a chemical test or were forced into a blood draw, the Hearing Officer will hear arguments as to whether you were properly admonished as to the refusal.
Should I contact the DMV without the help of a DUI lawyer?
I highly advise you to let the DUI attorney you hire contact DMV on your behalf to make sure the request is done properly and within the requirements of both the California Vehicle Code and Government Code.
In addition, it is better to let your DUI attorney contact DMV on your behalf because once you contact DMV to request a hearing; the following process is set in motion:
First, a DMV date and time is set and a Hearing Officer is assigned, and Hearing Officer can rarely be changed.
Not all Hearing Officers are “created equal.” Some are fair and follow the law; others may make poor rulings that could result in your driver’s license being suspended. As an experienced DUI attorney, I have spent years of my time building relationships with the clerks at the DMV, the Hearing Officers, and Managers, and therefore, have preferences as to what Hearing Officer, or even DMV location where your DMV hearing is held.
Second, once the DMV date is set, there are time lines that I, as a DUI attorney, must know and follow in order to make sure DUI subpoenas are properly served. For instance, in order for the police to appear at the DMV hearing, the attorney will have to subpoena the officer AT LEAST 10 days prior to the DMV hearing.
Subpoenas for records such as the breath records or patrol video tapes take even longer to obtain and have even longer process times. Thereby, if you set up your own DMV Admin Per Se appointment, it may limit the evidence I can request in your case and may limit my ability to mount the strongest defense at the DMV hearing.
Lastly, the hearing date you select may conflict with the calendar of the attorney you hire. So save your self the stress and hassle and allow me, as your DUI attorney to contact DMV on your behalf.
The DMV Hearing -Telephonically or In Person?
The DMV hearing can be done either telephonically or in person. Many DUI law firms, in an effort to cut costs and save time, choose to do the DMV hearing telephonically.
I believe most client cases are put to a disadvantage by this approach. I am able during an in person DMV hearing, to question an officer in person to see first hand whether or not he or she is reading from the police report as well as analyze his or her level of veracity.
In addition, by attending a DMV hearing in person, I have an opportunity to chat and touch bases with the DMV Hearing Officer, DMV Management, and other DMV employees which demonstrates to the DMV that I as an attorney am serious about the DUI DMV process as well as defending my client’s right to drive.
Thereby I do all my DMV hearings in person, unless in the rare occasion, it will benefit my client to do the hearing telephonically. I also believe that it is important that the DUI attorney you hire intends to do your hearing in person as well, so ask before you retain their services.
Since you now know about the overall DMV process, below is more about the law behind the process.
Is Your Driver's License Suspended?
This page is deducted to Driver License Suspensions due to a DUI Arrest. If your driver's license is suspended from something OTHER THAN A DUI, please click one of the following reasons below.
Negligent Operator Suspension Due to Too Many Points
Lack of Skill, Wrongful Death and/or Accident
Unresolved Warrants for Failures to Appear "FTAs"
Suspended License Due to Medical Reasons
DMV Issues for California DUI Defendants
Things You Need to Know About an California DUI Citation and the California Vehicle Code (VC)
Driving under the influence (DUI), in California is defined as “operating a motor vehicle while impaired by alcohol and/or other drugs.”
VC 23152 (a) It is illegal to drive under the influence of alcohol and/or drugs
VC 23152 (b) It is illegal to drive with a blood alcohol level above a .08%.
There are two separate hearings that result from a California DUI arrest:
A hearing before the Department of Motor Vehicles, Driver Safety Office about your driver's license and a criminal court hearing in the jurisdiction where you were arrested.
The law requires the California DMV to suspend your driver's license if you have not filed for a DMV hearing within 10 days of receiving your California DUI ticket. So time is important !!
For More Suspended License information, see DMV License Suspension Attorney
License Issues for the California DUI Driver
In order to remove drunk drivers from the California roads, California DMV has instituted the Administrative Per Se (APS) Suspension law. Pursuant to DMV, a person arrested in California for a DUI is issued a 30-day temporary license that accompanies every APS California drivers license suspension order.
In California, there are four possible grounds for a person arrested for driving under the influence to be served with an Administrative Per Se Drivers License Suspension Order:
1. Drives with a 0.01% or higher Blood Alcohol Content (BAC) while under 21 years of age. CVC Section 133353.2(a)(2),
2. Drives with a 0.01% or higher Blood Alcohol Content while on probation for a DUI,
3. Drives with a 0.08% or higher Blood Alcohol Content. CVC Section 133353.2(a)(1),
4. Refuses to submit to and complete a chemical test. CVC Section 13353, or P.A.S. test if under 21 CVC Section 13353.1.
If you or a loved one have been served with an APS “30-Day Pink Temporary License,” contact an experienced California DUI Attorney WITHOUT DELAY !!
DMV License Suspension for California DUIs
DMV Suspension periods
California DUI arrests range from 30 days to up to three years and are as follows:
For Individuals under 21 years old arrested in California for a DUI
Under 21 years old with a 0.01 BAC or Higher and no prior DUI convictions or DMV DUI suspensions - 1 year suspension with the right to apply for a “Critical Need” license after 30 days. - Note DMV routinely denies the application for a “critical need to drive.” In order to better your chances, hire an experienced DMV attorney to submit the petition. Even a court ordered “critical need to drive” is not binding and will not automatically result in the granting a “critical need license.”
Under 21 years old with a 0.01 BAC or Higher and one or more prior DUI conviction or DUI DMV action - One year hard suspension with no eligiability for a restricted license.
For individuals over 21 with a 0.08 BAC or higher.
First DUI with no prior convictions or DUI DMV action - four month loss of license.
Second DUI with a prior conviction or DUI DMV action - 1 year license suspension with possible eligibility for a restricted license after a period of 90 days license suspension.
Two or More convictions or DMV action within 10 years of the conviction date to the offense date.
For individuals accused of refusing the chemical test or having a “forced blood draw”
First DUI with no prior convictions or DUI DMV action - one year hard suspension with no eligibility for a restricted license.
One prior DUI conviction or DMV action - two years hard suspension with no eligibility for restricted license.
Two or more convictions or administrative actions with 10 years - conviction date to offense date - three years hard suspension with no eligibility for a restricted license.
Please note - a commercial license revocation and or denial of an application for a commercial license will be independently triggered by an DMV DUI suspension.
A person driving a commercial vehicle with a commercial license with an excessive blood alcohol content may apply for a restricted license but that restricted license will not allow that driver to drive commercial vehicles in the scope of work; only non-commercial vehicles.
California DUI defense attorney must contact DMV within 10 days of the Los Angeles, Orange, or San Diego DUI arrest. Speak to an knowledgeable Southern California DUI and DMV defense attorney now at 877-717-2889.
Grounds for Denial or Termination of a Restricted License by California DMV
California DMV will not issue a restricted license if the drunk driver was arrested for a subsequent DUI offense. In addition, if a person is dropped or terminated from the required drinking driver program, more commonly referred to as an Alcohol School, California DMV will suspend the individuals license without eligibility for a restricted license pending successful completion of the Alcohol School.
In order for the “Pink Temporary License” to be binding, it must be personally and properly served by arresting officer to the alleged drunk driver at the time of the suspected violation, giving the alleged drunk driver notice of California DMV’s intention to suspension or revocation of the individual's driver license. The arresting officer will then seize the California driver’s license and issue the 30 day temporary license.
Drunk Drivers with an out of state drivers license:
California Police and CHP are not authorized to take a license from an out of state driver. If you were arrested for a DUI in Orange County, Los Angeles, or San Diego and the police seized your out-of-state driver’s license, call an aggressive California DMV defense attorney immediately in order to get your out-of-state license back. Failure to act immediately may result in the destruction, loss, or damage of your out-of-state license.
