Arrested for DUI: What Happens to Your License After Arrest
This page covers the effects of a DUI and DMV Drivers Licenses in California. You can contact us as Orange County DUI Lawyers anytime for specific advice. The most important thing you should know about what will happen to your license because of your DUI arrest is that the DMV requires this:
YOU MUST ACT WITHIN TEN CALENDAR DAYS (not business days) from the date of your arrest.
If you do not request a DMV hearing for your DUI case, your license is suspended automatically.
What You Need To Do
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 DUI arrests anywhere in Orange County, that is the Office of Driver Safety in Orange, California.
The City of Orange Office of Driver Safety, The Department of Motor Vehicles, 790 The City Drive, Suite 420, in Orange, California. Telephone: (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.
- 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?
- Were you placed under lawful arrest?
- Were you driving a motor vehicle when you had 0.08% or more by weight of alcohol in your blood?
The DMV hearing officer will allow you to make legal objections based upon the evidence presented, to each of the three questions above. There are defenses to a DMV hearing in a DUI case. 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 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 successful DMV hearing strategies, and how best to get to a successful outcome in these cases.
In Orange County, driving is extremely important – in fact, it’s a necessity. Do all you can 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.
Contact Us
Contact us today. When it comes to your driver’s license, get professional representation from an experienced attorney immediately to protect your driving privilege.