Requesting a DMV Hearing in a orange county DUI Case

Concurrent with the criminal court action will be administrative proceedings taken by the Department of Motor Vehicles.  California law provides for an administrative per se (APS) sanction from the Department of Motor Vehicles (DMV) following every California DUI / DWI arrest.  If you are charged with a DUI in the OC stemming from a breath test, a blood test, or a chemical test refusal, the DMV will take steps to suspend the driving privileges of anyone arrested for driving drunk in California.  Even non-California residents should be concerned about losing their license because of the Interstate Driver’s License Compact, which allows states to share information regarding DUI arrest information.  If you are arrested in California for driving under the influence, your home state will learn of the California DMV action and suspend your out-of-state license.

Anyone arrested for DUI in California MUST request a DMV APS hearing within 10 days.  If the APS Hearing is not requested within 10 days, the person’s license is automatically suspended, and an APS hearing likely will not be granted.  If no hearing is requested and the license is suspended, the person’s driver’s license will not be restored unless an SR-22 proof of insurance is filed, whereby the driver’s insurance company will learn of the DUI arrest.
Many accused drunk drivers miss the 10-day Department of Motor Vehicles APS hearing request deadline.  The consequences of a DUI imposed by the Department of Motor Vehicles (DMV) are separate from the court case that stems from a California DUI arrest.  DMV consequences will vary, depending upon whether it is a first, second, or third offense DUI.  Also taken into consideration are whether a chemical test of blood or breath was given, or whether the driver refused to take the test.
A California attorney who specializes in drunk driving defense can help a driver achieve the best possible outcome at a DMV hearing.  An experienced DUI attorney can challenge the DMV’s action, and vastly improve a driver’s chance of keeping his or her license.