Many people ask whether they should challenge the proposed license suspension or revocation that follows a DUI arrest. The answer is simple: absolutely!
You might have heard from a friend that there’s only a small chance you’ll win. Depending on the specific factors in your unique case, that might be true, but you won’t know unless you try, and you might be surprised at the outcome. Tackling the DMV is your first step to overcoming the potential penalties you’ll face with your DUI, and this may be one of the most important steps you’ll take. Unfortunately, most people don’t realize the importance of the DMV hearing until it’s too late.
What You Need to Know About California DMV Hearings After DUIs
DMV hearings are different from the court process you’ll undergo after a DUI arrest. They’re solely administrative processes that deal directly with your driving rights. You only have ten days to request a DMV hearing after you’ve been arrested for a DUI; unfortunately, too many people don’t realize this small window exists until it’s too late.
The DMV hearings are much different from your criminal court proceedings because they’re only focused on the driving privileges you will (or will not) have as you face potential criminal penalties by the court. If you do not request a hearing within ten days of your arrest, your license will automatically be suspended. To regain your driving privileges after that window has lapsed, you will need to:
- Enroll in California DUI school
- Submit an SR-22 insurance form
- Pay a reinstatement fee, which is around $125
- Possibly install an ignition device on your car
Why It’s Important to Request a DMV Hearing in California
If you do not request a DMV hearing within ten days of your arrest, you forfeit your right to do so. Taking this step is important for a number of reasons.
To begin with, you’re entitled to have an attorney represent you at your hearing, which is highly advisable. Your attorney will:
- Review and challenge the evidence against you
- Subpoena witnesses, including the arresting officer
- Cross-examine witnesses
- Develop evidence for use in court to reduce charges or win at trial
Why It’s Important to Hire a California DUI Attorney for Your DMV Hearing
Since you only have 10 calendar days after your arrest to schedule a DMV hearing, it’s imperative to start gathering information pertinent to your case as soon as possible. Your attorney will find witnesses, file subpoenas, and request a hearing on your behalf. Often, this is the time when your attorney will begin to develop facts beneficial to the defense, as this is the first time witnesses will be questioned under oath.
A lot of information can be gained from DMV hearings. An experienced attorney will create favorable evidence in these hearings in order to gain leverage when they meet with the prosecutor in your criminal case.
If you’ve been arrested for a DUI in California and need help navigating the waters, reach out to attorney Jon Artz. He’s been assisting his Los Angeles DUI clients for decades and understands the importance of every aspect of your defense. Call Jon at (310) 820-1315 or fill out an online form to get started.
