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DUI Arrests & DMV Hearings

If you were arrested for driving under the influence (DUI) in Orange County, you have just 10 days from the date of the arrest to request a DMV administrative hearing. If you do not request a DMV hearing within 10 days, your driver’s license will be suspended by the Department of Motor Vehicles.

DMV hearings are held before a driver safety hearing officer, who works for the DMV. At this hearing, you will have the opportunity to challenge and present any evidence, witnesses, as well as testimony to persuade the DMV not to suspend your license.

Can I be represented by a DUI defense attorney? Absolutely, you have every right to be represented by legal counsel. Once the hearing has concluded, you will receive a letter about the DMV’s decision in writing.

How do I schedule a DMV hearing? Take a look at the back of the notice you received, informing you of the action that’s being taken against your driving privileges. The notice should say that you have a right to a hearing, and in that case you have just 10 days from the day you receive the notice to request a hearing.

DMV Hearings are Separate from Criminal Trials

People often confuse DMV hearings with criminal court trials, but they are NOT the same thing. The DMV hearing has nothing to do with your court case, it strictly has to do with the suspension or revocation of your driver’s license.

Why do you have a right to a DMV hearing if you’re also scheduled to appear in court on your DUI charge? Because, under state and federal law, you are not supposed to be deprived of property (in this case your driver’s license) without due process of the law.

The DMV hearing is strictly an administrative proceeding, which addresses two things: the circumstances around the arrest, and your driving privilege. These are the issues the DMV is interested in:

We have only provided a brief summary of DMV hearings in Orange County, California. To learn more about these administrative proceedings and what we can do to help, contact the Law Offices of Virginia L. Landry, Inc., home of the DUI Queen!