Friday, April 19, 2024

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The 10-Day Time Limit to Request a DMV Hearing After a DUI Arrest

If you were accused of driving under the influence of drugs or alcohol, you must take legal action right away to protect your rights, future, and freedom. In fact, in California, if you have been arrested for DUI, you are only permitted 10 days to request a DMV hearing. During this type of hearing, the California Department of Motor Vehicles will speak with you about your driving rights and privileges instead of determining whether you were guilty or innocent.

To help you understand more about the DMV hearing, our Orange County DUI defense lawyers have answered some questions, which have been listed below:

1.      Why Should I Request a Hearing Within 10 Days of My Arrest?

If you do not request a DMV hearing within the allotted 10 days, your rights and freedoms as a driver may be at stake. In most cases, you will be notified of this action during the time of your arrest.

2.      Will the DMV Determine Whether I am Guilty or Innocent During the Hearing?

No, the DMV will not determine whether or not you are guilty. Because this hearing is not part of the criminal process, the DMV hearing will only examine the quality and structure of your DUI arrest. During the DMV hearing, you may be asked the following types of questions:

  • “Did the arresting officer have a reasonable cause to perform your traffic stop?”
  • “Did you refuse a chemical or field sobriety test?”
  • “Were you lawfully arrested?”

3.      Do I Have to Appear at My Hearing?

Although a DMV hearing is not required, it is greatly encouraged that you request one since it can be the only way to maintain a valid California driver’s license. Luckily, you do not have to attend the hearing if you have hired an experienced DUI lawyer. Instead, your attorney can legally attend the hearing on your behalf.

4.      Will I Recover My License After the Criminal Case if I am Found Not Guilty?

Because the criminal case and the DMV hearing are two separate situations, you will have to deal with both issues separately. So then, if at the time of your arrest you refused to perform a breath test, you will not be able to recover your license simply because your BAC was below the legal limit. Likewise, if you are found guilty of driving while impaired but the DMV already issued the suspension per the outcome of the hearing, your driving privileges may still be removed. For this reason, it is best to consult a seasoned DUI lawyer to ensure both your DMV hearing and your criminal case are fair.

The Law Offices of Virginia L. Landry Can Fight for Your Rights

If you have been arrested for driving while impaired, you need to contact legal counsel right away. At our firm, our Orange County DUI lawyers fight aggressively for the rights of our clients. Our team understands how complicated these legal processes can be, and that is why we are ready to streamline the process for you. With every case, we examine the smallest details in order to safeguard the futures of our clients. When you entrust our team with your case, we can stand by your side and fight to protect your freedom both inside and outside the courtroom.

Get the legal representation you need by contacting The Law Offices of Virginia L. Landry today. We are backed by more than two decades of experience!

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Virginia Landry

Virginia Landry

Virginia L. Landry is founder of the Law Offices of Virginia L. Landry, Inc., a recognized and proven criminal and DUI defense law firm serving clients throughout Orange County. Ms. Landry is Board Certified in DUI Defense from the National College for DUI Defense (NCDD) and the past Board of Director of the Orange County Bar Association. She remains committed to defending the rights and futures of her clients, and has built a reputation for her honest and aggressive advocacy.

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