If you were recently arrested for your
first DUI (driving under the influence) in Orange County, you’re probably
wondering what will happen to your driver’s license. After all,
the officer took your driver’s license and now you want to know
if and how you can get it back.
To help you better understand what will happen to your driver’s license
and what you have to do to get it back from the Department of Motor Vehicles
(DMV), we are going to explain how this whole process works.
After the Initial DUI Arrest
Once you are arrested for DUI in California, the arresting officer is required
to forward a copy of the notice of suspension and your driver’s
license, along with a “sworn report” to the DMV. From there,
the DMV conducts what is called an
During the administrative review, the DMV examines the evidence in your
case, such as the officer’s report, the suspension and revocation
order, and any chemical test (breath, blood, or urine) test results.
If the DMV decides to uphold your license suspension or revocation during
the administrative review, you have a right to contest the DMV’s
decision in a hearing.
Important note about your license suspension: You are entitled to request a
DMV hearing, but you must do this within 10 days of the DUI arrest. If the review does
not see any basis for your license suspension or revocation, then the
DMV will set aside the action.
When can I get my license back?
When you were arrested for DUI, the arresting officer confiscated your
driver’s license. How do you get your license back? Normally, the
DMV returns your driver’s license after the license suspension or
revocation ends and you pay a $125 reissue fee. But, in order to get your
license back, you will also have to file proof of financial responsibility
with the DMV.
What do you do with the
Order of Suspension and Temporary License? When the officer issues you an
Order of Suspension and Temporary License, it means you’re allowed to drive for 30 days from the date your
license was suspended or revoked, assuming you have a valid California
driver’s license and it’s not expired, or your license wasn’t
suspended or revoked for a different reason.
If you are facing DUI charges in Orange County, please know that the DMV
suspension or revocation is separate from your criminal court action. The DMV’s
suspension or revocation is an
administrative action and it strictly has to do with your driving privilege; it has nothing
to do with your criminal proceedings.
For more detailed information about the license suspension or revocation
and requesting a DMV hearing,
contact the Law Offices of Virginia L. Landry, Inc.!