In California, the Department of Motor Vehicles (DMV) has jurisdiction over your license, and the law requires that the police officers confiscate your license in a DUI arrest, and send the license to the DMV, along with a packet of information, including your arrest reports, and a separate statement of probable cause.

FROM THE DATE OF YOUR ARREST, YOU HAVE ONLY 10 DAYS TO CONTACT DMV AND REQUEST A HEARING. DOING SO KEEPS YOU DRIVING BEYOND THE 30 DAY TEMPORARY LICENSE AND IS THE ONLY WAY TO AVOID A SUSPENSION ENTIRELY.

If you contact us, we'll be happy to request the hearing on your behalf. We generally request the hearing in writing, which allows us to request all the reports to be used against you.

You can contact the Orange County Department of Motor Vehicles Driver Safety Office at:

Phone (949) 440-4416
Fax (949) 440-4424
Address: 16735 Von Karman, #110, Irvine, CA 92606-4953

Days and Hours of Operation: Monday, Tuesday, Thursday, and Friday 8:00 a.m. till 5:00.pm., Wednesday 9:00 a.m. till 5:00.p.m.

The 10 calendar day time limit is counted from the Issue date of the SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE. The DMV is very strict about this time limit - you must do this before the 10 days are up. Weekends and holidays are counted in the counting of the 10 days.

The ADMINISTRATIVE PER SE SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE is the California DMV paper which you should have received from the San Diego California DUI officer. The copy they give you is pink and double sided. Even if you did not receive this DMV paper, the California DMV will probably take action against your driving privileges. Do not take any chances.

Even if you have a license from another state, and even if the Orange County DUI arresting officer did not take your license, that state will take action against your out-of-state license or California driving privileges and exchange that information with your home state, suspending your license there.

The TEMPORARY DRIVER LICENSE ENDORSEMENT is valid for only thirty (30) days from the issue date.

If a DMV hearing is requested by us within ten days of your arrest, your DMV TEMPORARY will be extended & there will be a stay (delay) of any suspension until the outcome of your DMV hearing is determined.

Please do not confuse this initial 30 day TEMPORARY DRIVER LICENSE with your court date! The DMV and Orange County courts criminal proceedings are separate and independent. The outcome of one almost never affects the other. Sometimes the police officer, or the language used on the DMV paper confuses or misleads you to believe that the TEMPORARY DRIVER LICENSE is good "until the court date".

There are three (3) issues at the Orange County California DMV hearing if you completed a DUI chemical test. (See reverse side of DMV paper.)

Issues include whether the Orange County DUI arresting officer had probable cause to stop or contact you and whether the DUI chemical test evidence is objectionable, admissible, trustworthy and/or reliable.

The DMV has the burden of proof to prevail on all three (3) issues. If DMV meets the burden of proof on two (2) issues, your DUI lawyer wins for you!

All your attorney has to do is knock out one (1) DMV issue (or requisite sub-issue) to save your license & you may avoid any reissue fee and/or Proof of Insurance SR-22 certificate filing!

More is at stake for drivers under 21, persons with a DUI prior (second time or higher DUI), or for commercial drivers. The issues at the DMV hearing are the same, but the potential loss is much much higher, and the suspension can be

Because the DMV hearing and the court proceedings are separate, it is possible to get a DUI dismissed or be found not guilty of DUI and still lose your license. However, the one exception of where the two separate matters affect each other is where the license revocation is set aside and you got your license back but you are convicted of DUI, DMV will suspend your license based on the DUI conviction. There is only one license suspension per DUI arrest, but the government gets two chances to take your license.

You may be eligible for a restricted license, but on a first time DUI, if you apply for a restricted license, you must suffer 30 days without any restriction (a hard suspension), and then three months or more with a restricted license. On a second time DUI, the restriction only starts after a full year of an actual hard suspension. The stakes are still high here, even with a restricted license. It's better to win the hearing than just take the restricted license.

If you would like to speak in person, or have questions, please call (877) 568-2977, or email us through the Contact the Firm page.