When you are arrested for a
DUI in Orange County or
San Diego County, be aware that you should begin to take action to protect yourself immediately.
First, you need experienced and effective legal counsel to represent you
and defend your rights. Second, you only have ten calendar days to make
a request with the DMV for an
Administrative Per Se (APS) hearing. This hearing allows you to challenge the suspension of your driver's
license. Keep in mind that this hearing is separate from the
court proceedings. With the
DMV now being closed 3 days a month due to the statewide furlough and with
our busy day to day lives, it is easy to let this time elapse.
Once the request for a hearing is made, you may ask for what is called
a "stay" on your license and a temporary driver's license
will be mailed to you. This means that your license will be valid until
you receive the final written decision after the hearing. This information
is important because when you are arrested, your
driver's license is confiscated by law enforcement and you are provided with a temporary
driving permit that is valid for only 30 days. Currently,
APS hearings are being scheduled at least 30-45 days from the time the call is made.
Therefore, your license may essentially be valid longer than the initial
30 day time period. If you fail to call the DMV within 10 days of your
arrest, your driver's license will automatically be suspended after
30 days. However, if you win the DMV hearing, your
driving privileges will be reinstated. There is nothing to lose by making this phone call!
The Law Offices of
Virginia L. Landry offer a free consultation and if you choose to retain our services, we
will make this phone call for you. You do not have to worry about time
constraints, we do it all for you! For reliable and skilled
legal representation, give us a call at 949-585-7400 or visit us at