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In this article, you will learn:

  • The worth of taking the DMV hearing
  • How your driver’s license can be affected after a DUI

If you’re arrested for a DUI in California, your actual physical license will be taken if it’s on you when you’re arrested. The police officer will confiscate that license and replace it by giving you a pink triplicate sheet DMV temporary license. So instead of having your license, you will have a piece of paper that tells you two things. The first is it’s only good for 30 days, and the second thing is that you have ten days from the date of your arrest to call DMV and request a hearing. Those things relate to each other. If you call DMV within ten days and request a hearing, you will get a new temporary license, and that temporary license you receive in preparation for the DMV hearing will extend until your DMV hearing process is done. So, you won’t get suspended right away. Instead, you’ll have a chance to fight it at the DMV hearing.

That’s one of the reasons why calling is so important. If you don’t call, that pink temporary license will expire in 30 days, and then you will be suspended, and you won’t get the opportunity for a hearing to challenge that. If you fail to meet your deadline and you don’t call DMV within ten days when that pink temporary license expires, your license is suspended the next day, and you’ll have to take some steps to clear it. Generally speaking, two different actions happen to someone’s license after a DUI. One that the DMV initiates and the other initiated by the court. Regarding the punishment for a first-time DUI, both from DMV and Court, the DMV is a four-month suspension, and the court is a six-month suspension, and you can immediately convert those to a restricted license, so you don’t have to serve the actual suspension.

On a refusal, it is a one-year hard suspension. There is no restricted license capability. The difference between someone who gets a DUI that’s not a refusal is they will potentially have a license suspension that they will face, but it will be much shorter, and they can convert it to a restricted license to get back on the road. If someone is in the same situation, but they are a refusal, they would have a one-year suspension without the ability to convert it to a restricted license or do any driving within that year.

The Worth Of Fighting The Administrative Suspension For A DUI In California

A common question I get asked is, is it worth fighting the DMV? In my opinion, it is always worth it primarily because you only have something to gain, and you have nothing to lose. What I mean by that is by fighting the DMV process, you have the ability to save your license. If you hold a DMV hearing, your attorney has an opportunity to prepare a defense and potentially be successful. If you don’t have the hearing, you are guaranteed to lose, and they will still suspend your license within 30 days of your arrest if you don’t hold the hearing. The DMV hearing is the only way to fight to avoid the license suspension.

If you don’t have the hearing, it is inevitable and mandatory that you get suspended, and it doesn’t give you a lot of time. It doesn’t even give you a chance to see your evidence. You don’t even have your police reports, and you’ll be suspended, which is sometimes an uncomfortable feeling for people. So, calling to request a DMV hearing is your only chance for a benefit. The flip side of that is that you also don’t have any risk by doing a hearing. If you do a DMV Hearing and you are unsuccessful, you get the same punishment as if you had not fought at all. So, there isn’t a penalty for having a DMV hearing. You don’t get a worse punishment for having tried. That’s why I recommend that it’s no risk. Based on that, I think every single case makes sense to hold the DMV hearing because it gives you that chance and the opportunity to defend yourself.

For more information on Driver’s License Consequences In A DUI Case, an initial consultation is your next best step. Get the information and legal answers you seek by calling (714) 769-1200 today.

Edward R. Flores, Esq.

Call For A Personal Case Evaluation
(714) 769-1200

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