DMV Hearing after DUI Arrest

Being arrested for a DUI charge will often result in the suspension of the drivers license of the arrested person. If a chemical test result shows a reading over .08% blood alcohol, an administrative suspension goes into effect 30 days after the arrest. The arresting officer will provide the driver with a temporary 30 day license usually in the form of a pink piece of paper. It is important to read the instructions on the temporary license regarding setting up a DMV hearing. You have 10  from the date of arrest to call the DMV and set up a hearing to contest the suspension. If you do not contact the DMV within 10 days the license is automatically suspended in 30 days after the arrest.

By setting up a hearing you guarantee that your license will be valid at least until the hearing. This hearing may not occur for three or four months and your license will be valid during this time. The DMV is not concerned with whether the driver was intoxicated or driving with drugs in the system. The only issue is whether the driver was over .08% at the time of driving. For purposes of the DMV, There are many technicalities and procedures that the arresting officer must comply with.  If certain procedures as set forth in the California Administrative Code are not complied with then the suspension is set aside and the licensee retains his license.

It is important to hire an attorney who can not only represent you in court for the DUI charges, but is also well versed in DMV hearings.

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Richard McGuire