At the time of your arrest for DUI, the arresting officer will seize your driver’s license and issue a pink “Notice of Suspension” paper license, which will serve as a temporary driver’s license for the next 30 days while you await your DMV hearing.
You must request a DMV Hearing within 10 days. Failure to request this DMV Hearing within 10 days will result in the automatic suspension of your license at the end of the 30 days granted by the “Notice of Suspension.” If a hearing is timely requested, your license will remain valid pending the outcome of the DMV Hearing.
What to Know About the DMV Hearing
The DMV hearing is not conducted in the presence of a legal judge, but rather a DMV Hearing Officer will preside over the case and is often conducted over the phone. Retaining Action Defense Law will provide you with the following benefits through this process:
- Challenge any issues of probable cause;
- Ensure that the arresting officer had lawful cause to arrest you;
- Review and challenge evidence; and
- Illuminate flaws in the arresting officer’s paperwork.
At the end of the DMV Hearing, the Hearing Officer will either set aside the action, or will suspend your license. If the action is set aside based upon the evidence presented during the DMV hearing, you will retain your driving privileges. Winning your DMV Hearing can be encouraging, as any evidence uncovered during preparation for your DMV Hearing can be used by Action Defense Law in your criminal case as well. In some cases, it may help position you for a plea bargain. For example, if there are problems with probable cause, police officer paperwork, or other evidence, the prosecutor may not be as inclined to try the case or may be more willing to reduce charges.
Even if you lose your DMV Hearing, and you lose your license, all is not lost. During preparation for your DMV hearing, our firm will be thoroughly reviewing evidence, which will be useful in the criminal court process.
Losing Your License in Los Angeles
If the DMV hearing is lost, your license will be suspended/revoked for a period of time that is determined based on a number of circumstances, including any prior DUI convictions you may have. If this is your first misdemeanor DUI, your license may be suspended for 6-10 months. However, you may have the option to install an ignition interlock device immediately to avoid license revocation entirely.
If this is your second DUI, you may lose your license for up to two years and will be required to install an interlock ignition device for an extended period of time. Felony DUIs, which result in an injury, may cost you your license for many years.
At Action Defense Law, we will thoroughly explain the DMV process, and keep you updated throughout your case on the status of your DMV Hearing. To schedule a consultation with Action Defense Law, contact us now.