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Suspended License andDMV HearingsIf you are arrested for driving under the influence YOU MUST CALL DMV WITHIN 10 DAYS to challenge the Department's action against your license and schedule a DMV hearing. If you have been arrested for driving under the influence you must submit to a chemical test, blood or breath (urine is only an option if blood or breath is unavailable) to determine the alcohol content of your blood. Failure to complete or refusal to take a test will result in suspension of your driver's license for one year. If the chemical test determines your blood alcohol level is .08 percent or more, your driver's license will be taken by the officer at the time of your arrest. The officer will issue paperwork from the Department of Motor vehicles (Form DS-367) with a 30-day temporary license which will allow you to drive while await administrative review and appeal, if necessary, before your license is suspended. If you are arrested for driving under the influence YOU MUST CALL THE DEPARTMENT OF MOTOR VEHICLES WITHIN 10 DAYS to preserve your right to challenge the Department's action against your license. In order to request an administrative hearing you must call the Department of Motor Vehicles, Driver Safety Office nearest the place of your arrest. When you call the Department of Motor Vehicles you must request a hearing and a stay (a stay will allow you to drive until you have had a hearing and received notification of the hearing results, if it exceeds the 30 day temporary license you already received) of the suspension of your driving privilege. If you do not request a hearing with the Department of Motor Vehicles within 10 days of your arrest, your license will be automatically suspended or revoked 30 days after your arrest. Typically, if you lose the hearing or fail to request a hearing, the Department of Motor Vehicles will suspend your privilege to drive for four months. However, you may be eligible for a restricted license after 30 days of your suspension. Failure to complete or refusal to take a test will result in suspension of the driver's license for one year. Please understand, even if 10 days have passed, it may be possible to get a Department of Motor Vehicles hearing, depending upon the facts of your case. If you are beyond 10 days, contact the Department of Motor Vehicles to request a hearing immediately and contact a lawyer immediately to try preserver and protect your rights. Issues at the D.M.V. Hearing depend upon whether the accused took a chemical test (breath, blood, or urine) or not. If a chemical test was taken, the issues are: California Suspended License and DMV Hearing - Questions1. Did the officer have reasonable cause to believe that the accused was driving a motor vehicle in violation of the drunk-driving laws (Vehicle Code Sections 23152 or 23153)? 2. Was the accused lawfully arrested? 3. Was the accused driving a motor vehicle when she or he had .08 or more, by weight, of alcohol in their blood? If a chemical test was not taken, the issues are: 1. Did the officer have reasonable cause to believe that the accused was driving a motor vehicle in violation of the drunk-driving laws (Vehicle Code Sections 23152 or 23153)? 2. Was the accused lawfully arrested? 3. Was the accused told that their driving privilege would be suspended for one year, or revoked for two or three years, if they refused to submit to, or failed to complete, a chemical test? 4. Did the accused refuse to submit to, or fail to complete, a chemical test after being requested to do so by a peace officer? If you or someone you care about have been arrested for DUI and have problems with DMV you must call an experienced Los Angeles drunk driving attorney in your area to help fight for your right to drive. If you would like to arrange for a free consultation with an experienced and nationally trained and certified drunk driving lawyer dedicated to DUI defense, please call (818) 783-5200 and ask to speak with Scott Spindel. If you or someone you care about stands accused of DUI, please call on an experienced criminal attorney in your area before you consider pleading guilty. If you would like to arrange for a free consultation with an experienced and nationally trained and certified drunk driving lawyer dedicated to DUI defense, please call (818) 783-5200 and ask to speak with Scott Spindel. 24 hours a day - 7 days a week - 365 days a year Call today for your free appointment and consultation.
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