DUI DMV Information

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You’ve been arrested for DUI – now what?

The most important thing you should know about what will happen at the DMV because of your DUI arrest  is this:

THE DMV REQUIRES THAT YOU ACT WITHIN TEN CALENDAR DAYS (not business days) from the date of your arrest to protect your driving privileges.

What You Need To Do

So, upon being arrested for a DUI, you will need to request a hearing regarding your license within ten (10) days from the California Department of Motor Vehicles Office of Driver Safety having jurisdiction over your case.  (For Orange County DUI Arrests, that is the Office of Driver Safety in Orange, California).

 

DMV Office of Driver Safety Orange

(the hearing office for requesting DMV hearings in a DUI case in Orange County, or for attending the hearing, is at 790 The City Drive, Suite 420, in Orange, California.  (714) 703-2511).

But what then?  Part of the request involves a stay on suspension – in other words, your temporary license will continue to be good beyond the 30 day expiration date, so that you can keep driving with a full license. Contact us and we will be happy to request the hearing for you, so that it’s taken care of.  Or you can call the DMV number above and schedule it on your own within 10 days.

After that, the DMV will schedule an in person, or telephonic, hearing. The issues at the hearing are not whether or not you can drive, or need to drive, but instead the three legal issues (assuming you are over 21 and did not refuse a test):
  1. Did the Peace Officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140, 23152, or 23153?
  2. Were you placed under lawful arrest?
  3. Were you driving a motor vehicle when you had 0.08% or more by weight of alcohol in your blood?

The hearing officer will hear legal objections based upon the evidence presented, to each of the three questions above.  The DMV has to have admissible evidence regarding all three questions above to support suspending your license.  If they don’t have enough evidence, then you win your hearing, and your driver’s license is unaffected. 

The punishment against your license if you lose:

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. The court does not have the power to give you a restricted license, as the DMV has the ultimate jurisdiction over your driving privilege. As a direct consequence, a public defender will not handle a DMV hearing for you.

How do you request a hearing?

The telephone number to call is the DMV Office of Driver Safety that has jurisdiction over your case. If your DUI is in Orange County, then you’ll need to call (714) 703-2511 to schedule your hearing. For other jurisdictions, see the list of California DMV Office of Driver Safety Locations and Addresses.

Why hire us for your DMV hearing?

Our firm puts every effort into these hearings, which is why we have such a high success rate in winning DMV hearings.

  • We always do an in person hearing.
  • We always involve a forensic toxicologist to provide expert opinion on cases where that will make a difference.
  • We will subpoena the police officer to come in and testify where that will help the case.
  • We know each and every DMV hearing officer, and how best to get to a successful outcome in these cases.

Contact Us!

In Southern California, driving is extremely important – in fact it’s a necessity. When it comes to your driver’s license, get professional representation from an experienced attorney immediately to protect your driving privilege. Our Orange County DUI Attorneys also represents individuals with negligent operator (too many points) suspensions, and medical or lapse of consciousness suspensions before the Department of Motor Vehicles.

Your DUI, DMV & Your Drivers License

DMV Information – How to Win Your DMV Hearing
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