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9891 Irvine Center Drive
Irvine, CA 92618

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Tel: (949) 679-9494
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DUI FAQs

I was just arrested for DUI. What will happen now?
The officer who arrested you will forward a copy of your driver’s license and the arrest information to the DMV, which will automatically schedule its own administrative review of your case. You have the legal right to request a hearing with the DMV within 10 days of the date that you receive the DMV’s notice that they’re suspending or revoking your license. Don’t let this time limit expire without consulting a DUI defense attorney about your case.

The arresting officer gave me an Order of Suspension and Temporary License. What does this mean?
That Order and Temporary License enable you to keep driving your vehicle legally for 30 days from when they were issued to you - as long as you did have a valid, non-expired California driver’s license that hasn’t been suspended or revoked for some other reason.

When I was arrested for DUI, the officer took away my driver’s license, but I still need to drive to my job. What can I do?
You can apply at any DMV field office for what is called “a restricted license” to drive to and from your job.

How can I get my driver’s license back?
It may be returned to you at the end of your license suspension/revocation, once you’ve paid a reissue fee to the DMV and file proof of financial responsibility. If the DMV decides at the administrative hearing that there was no basis for the suspension/ revocation, it will return your license to you.

Are these DMV actions different from the suspension or revocation of my driver’s license if I’m convicted of DUI?
Yes. A license suspension or revocation by the DMV is an administrative action that applies only to your driving privileges. A suspension or revocation that is ordered by a judge as part of your conviction in the criminal justice system is a mandatory action that will be accompanied by a jail term, fine and/or other penalty.

What are some defenses to a charge of DUI?
There are a good number of potential defenses to DUI charges. Don’t despair if you have been arrested for DUI; a knowledgeable attorney can explore your case in depth with you and identify any possible defenses, which may include questions about:

  • whether you were actually driving the vehicle when you were arrested
  • whether the officer who stopped you had probable cause to stop you
  • incriminating statements you may have made without having been read your Miranda rights
  • whether the arresting officer told you that you could refuse to take a chemical test
  • whether the field sobriety tests were conducted and interpreted properly
  • the quality, timing, and reliability of the testing for BAC (blood alcohol concentration)

Talk to Attorney Wallin about Your Case
If you’ve been arrested for or charged with DUI, contact Tom Wallin for a free initial consultation.