If you were recently arrested for driving under the influence in Orange
County, one of your first concerns will be your driver’s license.
What will happen to it? Will it be suspended or revoked?
In order to understand the future of your driver’s license, first
we’ll need to explain the difference between the court appearance for the
DUI charge and the
While the court hearing addresses your criminal charges, the DMV hearing
is strictly an administrative proceeding that addresses the suspension
or revocation of your driving privileges.
Essentially, the DMV provides you with the right to a hearing even though
you are scheduled to appear in court on the DUI charge.
Why does the DMV do this? Because our State and Federal Constitutions say
that no one should be deprived of their personal property (in this case
their driver’s license) without due process of law.
The DMV hearing is separate from the court trial. It is an administrative
proceeding regarding the circumstances of your DUI arrest and your driving
privilege, whether or not you’re guilty of DUI.
During the DMV hearing, the following will be considered if you took a
blood, breath or chemical test:
- Did the police officer have reason to believe that you were driving under
the influence of drugs or alcohol?
- Were you arrested and if so, was it a lawful arrest?
Were you driving a vehicle with a
BAC of .08% or more?
Do you have to attend the hearing?
not obligated to request a DMV hearing. If you decide that you want a hearing, you must
request the hearing within 10 days of your arrest. Otherwise, your driver’s license will be automatically suspended
once your temporary driving permit expires.
If you do request a hearing, do you have to attend?
It depends, under certain circumstances you may not have to attend, such
as: 1) you request and receive a continuance, 2) you choose to have a
phone hearing (we do NOT recommend this), or 3) an Orange County DUI attorney
from our firm attends the DMV hearing on your behalf.
If you cannot take the time off work, or if you live in another county
or state, we may be able to attend the DMV hearing for you. We find this
flexibility very beneficial, especially for clients who simply can’t
make it for one reason or another.
To learn more about the benefits of a DMV hearing,
contact the Law Offices of Virginia L. Landry, Inc. Schedule your free consultation
with a Board Certified DUI defense specialist today!