If you've been arrested for DUI, or have accumulated enough points against your driver's license, you have the option of requesting a DMV hearing. This is your only chance to contest administrative per se (APS) suspension of your license. In California, after a DUI arrest, you only have ten days to request this hearing. The Law Offices of Virginia L. Landry has been handling these cases long enough to know five basic things everyone should know about these hearings.
- 10 Days Means 10 Days – Your ten days begins once you receive notice of your arrest. Once this ten days is up, you no longer are able to request a DMV hearing to contest license suspension. Ten days can pass extremely quickly, so we suggest requesting this hearing as soon as you possibly can after a DUI arrest.
- These Hearings Aren't Always In Person – In California, some DMV offices routinely handle these hearings over the phone. We suggest that you specifically request an in-person hearing. We can do this for you.
- The Arresting Officer May Not Be There – In many cases, the officer who made the DUI arrest will not be there. This can be an advantage to you, but we suggest you still retain an experienced attorney to help you present evidence in your favor.
- Your Hearing Officer Is Not a Judge – This is not the criminal hearing, so your case will not be heard before a judge. The hearing officer works for the California Department of Motor Vehicles.
- Yes, You Do Have a Chance – Upon arrest for DUI, your license is automatically suspended and you receive a temporary license. However, it is possible to get your license back. If you promptly request a DMV hearing and you retain the right attorney, you may be successful at your hearing and keep your driving privileges.
Contact The Law Offices of Virginia L. Landry today if you need aggressive representation at your Orange County DMV hearing.