Can I Request a DMV Hearing After a DUI in Orange County?

Posted on: September 10th, 2024 by Dod Law

DUI in Orange County

You have the right to request a DMV hearing after a DUI in Orange County. DMV hearings typically serve the state and remove parties under suspicion of a DUI from the road. However, an experienced criminal defense lawyer at Dod Law can use a DMV hearing to preserve your right to drive while your court case is in progress.

Likewise, our team can help people convicted of DUIs undergo DMV hearings to challenge any license suspensions, restrictions, or revocations. We are here to protect your rights every step of the way if you’ve been accused of a DUI in Orange County. 

DUIs and California’s Suspension Notices

The officer who arrests you for a DUI will confiscate your driver’s license upon charging you with a crime. That same officer has a legal responsibility to provide you with a Notice of Suspension. Suspension notices serve as temporary licenses for anyone undergoing a DUI investigation or similar criminal case.

It’s in your best interest to keep a close eye on your Notice of Suspension. Unfortunately, many criminal cases last longer than 30 days. While you can drive under restrictions with a Notice of Suspension or similar temporary license, you will not legally have the right to drive after the Notice expires.

This is where a DMV hearing comes into play. Suspension notices inform you that you have the right to request a DMV hearing, but only if you request one within ten days of your arrest.

How to Request a DMV Hearing After a DUI in Orange County

Orange County residents have the right to contact the Office of Driver Safety to initiate a hearing. Alternatively, arrestees may ask a criminal defense attorney to arrange these hearings on their behalf.

There are a few exceptions to the ten-day deadline, and they are extreme. You may only ask for an extension if you are unconscious in the hospital, in jail, or out of the country.

Likewise, if the tenth day after your arrest is a weekend or holiday, you have until the end of business on the next business day to request your DMV hearing. Again, you do this by calling the Office of Driver Safety. There is no online form available through which you can request your DMV hearing.

What Happens After You Schedule a DMV Hearing?

After you schedule your DMV hearing, a representative will set a date for the proceedings. This date may come up to 45 days after you connect with the office. As such, your temporary license may expire. Fortunately, the DMV can send you a new temporary license so you can make it to your hearing, barring extreme circumstances.

The DMV will also send you and your attorney copies of the evidence it intends to use against you in your hearing. This constitutes a process like discovery and allows you to read through:

• A police report from your arrest
• Your arrest and driving record
• Traffic collision reports
• Breath or blood test results

Your right to request a different hearing date is limited, and the process is best left to an attorney. 

What Happens If You Win Your DMV Hearing?

Once your DMV hearing begins, you and an attorney have the opportunity to present evidence suggesting you have the right to retain your license. If you are successful in arguing against the DMV’s evidence, the DMV will delay your license suspension. You will also receive your physical license back.

Winning your DMV hearing is not the same thing as winning a criminal case. If California’s criminal courts find you guilty of roadway misconduct or similar crimes, you may lose your license again. Fortunately, you can work with a criminal defense attorney to challenge any accusations brought against you in criminal court.

What Happens If You Don’t Schedule a DMV Hearing?

If you fail to schedule a DMV hearing before your right to do so expires, the DMV automatically suspends your license once your Notice of Suspension expires. You have the right to seek a license reinstatement after 30 days of hard suspension, but only if you:

• Attend an approved DUI school
• Present the DMV with proof of insurance
• Pay a reassurance fee of $125 to the DMV
• Install an ignition interlock device, if required

You may not get your full license back upon applying for a reinstatement. Depending on the circumstances that led to your arrest, you may instead receive a restricted license.

Let’s Fight to Preserve Your Right to Stay on California’s Roads | DUI in Orange County

The DMV controls California residents’ right to operate vehicles on its roads. If you want to get back behind the wheel after a DUI charge, you need to schedule a DMV hearing. If you want to protect your right to drive, you should call Dod Law as soon as you can after your arrest.

To schedule a free consultation with a member of our legal team, call our Santa Ana, Orange County office at (949) 681-7020, San Diego office at (619) 814-5110, and our Vista office at (760) 814-6025.  You can also schedule an appointment by filling out our contact form to discuss the best way forward.