When you are arrested for drinking and driving, the officer should give you a DS-367 form that informs you that you only have 10 days to request a DMV hearing from the date of your arrest. If you do not request your hearing within that time frame, your license will be suspended on the thirtieth day after your arrest. DMV statistics show that you do more than double your chances of winning your hearing by hiring a DUI attorney. Our Riverside DMV hearing lawyers could guide you through this process and work to minimize any penalties you may be facing.
The ten-day rule is likely the most time-sensitive aspect of any DUI case. Law requires that you contact the Driver’s Safety Branch nearest to your place of arrest to request a hearing. This hearing is known as an Administrative Per Se Hearing and will determine a limited number of issues related to your arrest for driving under the influence. Failure to contact the California Department of Motor Vehicles within ten calendar days will result in the automatic suspension of your license.
As mentioned above, a pink notice of suspension and a temporary driver’s license (DMV Form DS-367) are typically issued to you upon release from custody. The DMV drivers’ license suspension for DUI is separate and additional to your court hearing. It is important that you request a DMV hearing within ten days of your arrest, which is best done by retaining a local attorney to handle the situation for you. If arrested for DUI in Riverside County, you will most likely have your hearing at the Driver Safety Office located in San Bernardino.
There are only a strict set of issues considered at the DMV hearing. Remember, these hearings are completely independent of any court case. So the issues considered at the DMV hearing may not be as relevant during the criminal court procedure. Generally, the hearing officer presiding over the Administrative Per Se Hearing will consider whether there was probable cause for the arrest, whether you were driving your vehicle and whether you were driving with over a .08% BAC. While these issues may seem cut and dry, there are a number of defenses that arise with each of them. The best way to understand these issues is to contact a legal professional.
If our law firm is not able to obtain a dismissal of your case, our goal will then become to reduce the charges against you as much as possible and to minimize any negative consequences from your DUI arrest. In cases that are complicated by enhancements and/or previous DUI convictions in the last ten years, it may be that the best DMV resolution for your individual DUI case is a restricted driver’s license and a shorter revocation. Loss of driving privileges is a serious consequence that can affect all areas of your life.
A hearing request for Riverside County will often result in an extension of the 30-day temporary drivers’ license that was issued to you at the time of your DUI arrest. The term for extended driving privileges can span many months until your case can be heard in court. If you have been arrested and charged with drunk driving, you have nothing to lose and everything to gain by requesting your DMV hearing, especially when you have a Riverside attorney acting on your behalf.
Contact our firm right away to consult for free with a skilled Riverside DMV hearing lawyer. Our firm has defended clients for 15 years and focuses 100% on each DUI defense case. If your license has been confiscated and you are facing permanent suspension for a DUI, you only have 10 days to request a DMV hearing, so call today to get excellent counsel and representation on your side. Complete our online case evaluation form or call our offices to schedule an appointment and learn how we could fight for you.