Orange County's DUI Queen
You Only Have 10 Days! Get Virginia Landry, a Board Certified Expert on Your Side

You Only Have 10 Days to Protect Your License!

Overview of the DUI Process: It's a Two Step Process

In most criminal cases, the court process is intimidating but fairly straightforward. After all, you will only need to be dealing with the difficulties associated with the criminal process. When charged for drunk driving, however, it is important to realize that you will have to handle more than just the criminal court system.

In fact, you will have two separate and independent proceedings that you will need to deal with, and the truth is that both equally deserve your undivided attention.

  • On one side, you will still be required to handle the legal issues of the criminal court process where the prosecution charges you with one of more driving offenses.
  • On the other, however, you will be asked to focus your attention on what is known as the DMV hearing. This is an informal administrative hearing held by the California Department of Motor Vehicles and will deal solely with the future of your driving privileges – not with the question of your guilt.

These are both two completely independent proceedings. The outcome of one will not affect the outcome of the other and vice-versa. Both, however, are vitally important and deserve to be handled by an attorney who will be able to invest the necessary time and energy into seeking a desirable outcome. At the Law Offices of Virginia L. Landry, they recognize the individual importance of these two cases and they remain fully dedicated to ensuring that their clients have the comprehensive representation that they deserve through both separate processes.

What is the DMV hearing exactly?

Most people know how the criminal process will play out – they've seen it on the silver screen, they've read about it and they've been exposed to the process. What most people don't know about, however, is the DMV hearing. It's behind-the-scenes and often takes a backseat. This can leave many people confused when they face it.

To help combat this confusion, the firm has both asked and answered some of the most common questions regarding the process below:

  • Why do I only have ten days to act?
    If you are interested in taking part in the DMV hearing (something that is strongly recommended), it is important to realize that you will only have 10 days from receiving the notice of the action to request this hearing. Typically you will receive this action during the arrest. If you want a fighting chance of protecting your driver's license, you need to request this hearing within this small window or you're out of luck.
  • Will the DMV hearing determine whether or not I'm guilty?
    This is often the most commonly asked question regarding the hearing. Since the criminal process is there to deal with innocence or guilt, many people are unsure just how the DMV hearing plays in. The answer? No. The DMV hearing truly focuses on just a few issues: 1) Was there reasonable suspicion to perform the traffic stop?2) Were you lawfully arrested? 3) Were you driving with .08% or more by weight of alcohol in your blood and possibly 4) Did you refuse the chemical test? These questions will not have to do with whether you were intoxicated behind the wheel – only the way that the arresting process unfolded.
  • Is the DMV hearing necessary? Do I have to go?
    Most people live busy lives and it's difficult to put everything on hold to deal with a DUI. One of the best ways to get a successful outcome in court is to use the DMV Administrative Per Se hearing (APS) as a way to discover more facts concerning your contact with the arresting officer. In most APS hearings, our clients are not required to attend. 
  • If the DMV hearing suspends my license and I'm later found not guilty, will I be given my license back?
    If you are acquitted in trial of all DUI related charges, there is a process to get your license reinstated with no limitations or restrictions. If your case is dismissed during a motion, the DMV still has authority to do something independently from the court. The DMV process leans towards suspending the license but via subpoenas, if we can find governmental errors, you stand a much higher chance of keeping your license to drive. 

Hire a Lawyer Who Can Handle Both Sides of Your Case!

It is easy for people to mistakenly believe that the criminal case is the only important part of the DUI process. This, however, is completely untrue. Both are important and both will have a direct impact on your future. So why hire someone who can only handle one side? Should you choose to work with Orange County DUI attorney Virginia Landry or another member of her legal team, you will be able to be confident knowing that you will have an advocate on your side who will devote the necessary time, energy and commitment to both sides of your case. By approaching it in this manner, you will be able to be confident knowing that your future will be comprehensively protected.

Contact the Law Offices of Virginia L. Landry today if you have more questions!

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Reasons to Choose Us

When Your Future Is On the Line, You Need
a Qualified Attorney to Represent You.
  • Rated a "Top DUI Attorney" and Board Certified in DUI Defense

  • Achieved a Perfect 10 out of 10 Superb Rating on Avvo

  • Past President of the West Orange County Bar Association

  • Certified as a Standardized Field Sobriety Test Instructor

Client Testimonials

Read How We Have Protected Our Clients' Futures & Rights
  • “Love the team. Amazing attorney and staff.”

    Past Client

  • “I am grateful that we chose Law Offices of Virginia L. Landry.”

    J.A.

  • “My case recieved the best possible outcome with all charges dropped.”

    Aryan Pouranpir

  • “She is great! I could have not picked a better attorney office to serve.”

    D.L.

  • “I will confidently be able to say I can recommend a firm that will take care of them and it will the Law Offices of Virginia Landry!”

    T.W.

  • “Your compassion and care is appreciated and will never be forgotten.”

    Jay

  • “I'm really pleased with the outcome, especially the recent DMV decision.”

    M.W.

  • “I would refer them in an instant!”

    B.N.

  • “Choosing you and your firm as my partner to go through this ordeal was a Godsend.”

    P.L.

  • “I truly appreciate all the hard work and correspondence you and your staff has provided.”

    T.W.

  • “Everyone has been amazing and the experience has been more than a pleasant one.”

    Past Client

  • “She treated me like I was the most important call of the day. She listened carefully and respectfully.”

    D.P.

  • “What can I say? Virginia and her team are the very best there is.”

    J.B.

  • “We were extremely happy with the services provided by Ms. Landry's law firm.”

    Past Client

  • “They answered all my collect calls from jail and went above and beyond what I expected.”

    Michael