If you are arrested for driving under the influence (DUI) in Orange County,
you will face two separate proceedings – the administrative license
suspension proceeding (a DMV action) and the criminal court proceeding.
As the criminal court system reviews the evidence to determine if you are
guilty of a criminal offense following your arrest, the Department of
Motor Vehicles (DMV) takes action to suspend your driver’s license;
this is accomplished swiftly and in less than two weeks of the DUI arrest.
Within 10 days of the
DUI arrest, you can and
should request a
DMV administrative hearing, where your DUI defense attorney will provide evidence
intended to fight for your right to keep your driver’s license.
must request this hearing within 10 days of the arrest, otherwise you lose
your right to a hearing and your license will be
What can I do if my license has been suspended?
At the administrative hearing, the DMV will determine if you should keep
your license independently from any decision made in a criminal DUI trial.
This means that you may have your license suspended by the DMV even if
you are found innocent of the DUI charges against you in criminal court.
However, attending a DMV hearing does not guarantee that you will keep
your driver’s license. If the DMV upholds your license suspension
in a hearing, you have three options:
Give up drive during the suspension period. At the end of this time, you pay a reinstatement fee and regain the use
of your driver's license.
Appeal the decision. You can appeal the DMV’s decision to the Superior Court. This process
can take up to a year to complete and your license will still be suspended
until the final decision is reached, making it a difficult option.
Apply for a critical need driver’s license. This license allows you to drive while your license is suspended, but
with restricted privileges. You can apply for a critical need license
after a 30-day suspension period, and only if you: 1) completed a chemical
test or PAS test, and 2) you have a critical need to drive, for example,
you need to drive your kids to school or you need to drive to and from work.
Note: Under California law,
only first-time DUI offenders can apply for a critical need driver’s license.
The best option for keeping your driver's license following a DUI arrest
is to work with a seasoned Orange DUI defense attorney to prevent the
DMV from upholding their administrative suspension.
You have 10 days to act!
Call the Law Offices of Virginia L. Landry, Inc. to get started today.