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Understanding The DMV 10 Day Rule

DUI

Anyone arrested and charged with driving under the influence (DUI) of alcohol or drugs will face driver’s license penalties. While the specific penalties and suspension terms depend on the details of the charge and the person’s criminal history, particularly any prior DUI or wet reckless convictions, certain rules apply to all DUI cases.

It’s important to understand that criminal penalties and license-related penalties are handled independently. The criminal court determines guilt or innocence and, if convicted, imposes penalties such as jail time, fines, probation, DUI education classes, and more. Driver’s license suspensions, however, are handled separately by the California Department of Motor Vehicles (DMV).

When arrested for DUI in Riverside County or anywhere in California, your driver’s license will be confiscated and replaced with a temporary license valid for 30 days. This document does not mean you are guilty; it means the case is pending. To challenge a potential suspension and preserve your license, you must request an administrative DMV hearing within 10 calendar days of your arrest.

This 10-day window is critical. If you fail to request the hearing within that timeframe, your license will be automatically suspended after the temporary 30-day period. Requesting a hearing promptly, ideally with the help of a DUI attorney, is one of the first steps you should take following your arrest.

DMV hearings are not criminal proceedings. They strictly address your driving privileges and whether your license should be suspended or revoked. These hearings offer you the right to understand the DMV’s intended actions and present your side of the story. Key aspects of your arrest — such as chemical test results, police procedures, and whether you refused testing- will be reviewed.

If the DMV sustains the suspension but you are later found not guilty in criminal court, you may be eligible to reverse the license suspension. However, if your charge is reduced to a wet reckless, that reversal option does not apply. If you’re granted a restricted license, you’ll need to fulfill requirements such as enrolling in a court-approved DUI class and filing proof of insurance. This restricted license generally permits driving to and from work or school. Those with a third or subsequent DUI conviction may not be eligible for restricted driving privileges.

Since the tragic DUI-related crash in 2020 that claimed multiple lives in Riverside County, California has reinforced strict enforcement and procedural standards related to DUI arrests and license suspensions. Staying informed and acting quickly has never been more important.

If you or a loved one is facing DUI charges, contact The Law Office of Scott Henry today. Our experienced DUI defense team will guide you through every step — including timely DMV hearing requests — to protect your rights and driving privileges.

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Scott Henry

Mr. Henry has worked in the criminal defense sector for over 11 years. He began his legal career working for a variety of criminal defense attorneys where he served as a law clerk preparing several firm’s attorneys for a vast variety of cases, ranging from multiple Homicide gang cases to driving under the influence allegations. While working for these firms, Mr. Henry truly found his passion in helping defend individuals that were facing criminal charges.

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Written and edited by our team of expert legal writers and reviewed and approved by NTL’s Top 100 Lawyer Scott Henry

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