San Luis Obispo DUI Attorney Drunk Driving DMV Hearing Lawyer

It is an administrative action by the Department of Motor Vehicles regarding the suspension of someone’s driving privileges. The hearing is concerned with the circumstances around the DUI arrest and if the officer obeyed the rules for suspending a license. It is your chance to review and contest the evidence used to suspend your license. Additionally, it is also when you can present your own evidence to stop the suspension of your license.

No, requesting a DMV hearing is completely up to you. It is not mandatory. However, if you do not request a hearing then your driving privileges will suspended automatically. A DMV hearing is the only opportunity you have to challenge the suspension of your driver’s license.

You may write or telephone the DMV’s Driver Safety Branch Offices. Whether writing or telephoning, be sure to identify yourself by your full name, your driver’s license number, your date of birth, and verify your mailing address. You only have 10 days, including weekends and holidays, to request a hearing. Your DUI attorney can also assist you in requesting a DMV hearing.

If you requested a hearing and do not attend it, the DMV will proceed with suspending your license.

Yes, the DMV hearing is concerned with suspending your driving privileges. The court trial is concerned with whether you are innocent or guilty of a crime. They are completely independent of each other. The outcome of a DMV hearing has no affect on the court trial.

Yes. When you were arrested the officer seized your driver’s license and issued you a temporary license. You may drive for 30 days form the date of your arrest, provided you had a valid driver’s license at the time of your arrest. A valid driver’s license means you had a California driver’s license, it was not expired, and your driving privilege were not suspended or revoked for another reason.

No, the hearing does not issue restricted licenses. To obtain a restricted license, you need to apply for one at any DMV field office. A restricted license gives you limited driving privileges, such as driving to and from work, or to and from school. Additionally, you will have to pay a reissue fee of $125, file proof of insurance (SR-22 form), and show proof of enrollment in a DUI treatment program. If you are under 21, then you will have to provide all the same information as driver’s over 21. The only exception is the reissue fee is $100. For all driver’s, regardless of age, there is a mandatory 30-day suspension before a restricted license will be issued. Restricted licenses are for non-commercial drivers.

Yes, because a main concern of the hearing is whether the arresting officer performed all license suspension procedures properly. Other concerns are faulty machines used for testing, improper testing methods, or procedural errors. Any of these can result in a favorable result from the DMV hearing, which means restatement of your driver’s license.

No, it is not mandatory to have an attorney. However, you are entitled to legal representation and there are huge advantages of having an attorney experienced in DMV hearings. Some of those advantages are their knowledge on how the hearings work, their familiarity since they have been through it before, and they know the strategies to win your case. It could mean the difference in keeping your driving privileges and loosing them.