DMV Hearing & License Suspension Defense
Fast Action Can Help Protect Your Driving Future
DMV Hearing & License Suspension Defense Attorney Serving Rancho Cucamonga and La Verne
You May Have Only 10 Days to Protect Your Driving Privileges
After a DUI arrest in California, one of the most important deadlines can arrive long before the criminal case is resolved. If you received an Order of Suspension or Revocation, you generally have only 10 days from receiving that notice to request a California DMV administrative hearing. Missing this deadline can mean losing the opportunity to challenge the administrative action before it takes effect.
At Lucero, PC, we help individuals facing DUI-related driver's license suspensions in La Verne, Pomona, Rancho Cucamonga, and throughout Southern California. Attorney Christopher Lucero understands that losing the ability to drive can disrupt nearly every part of your life, from getting to work and caring for your family to meeting everyday responsibilities.
After certain DUI arrests, an officer may confiscate your physical California driver's license and provide an Order of Suspension and Temporary License. If you have a valid California driver's license and no other suspension or revocation applies, the temporary license generally allows you to drive for 30 days from the date the order was issued.
That 30-day period should not be confused with the deadline for requesting a hearing. The DMV hearing request generally must be made within 10 days of receiving the suspension or revocation order.
A DMV administrative hearing gives you an opportunity to challenge whether the proposed suspension or revocation is justified. This is not simply another version of your criminal court proceeding. California's Administrative Per Se, or APS, process is separate from the DUI prosecution taking place in criminal court.
Because the deadline moves quickly, waiting for your first court appearance before addressing your driver's license can be a serious mistake. We can help clients understand the administrative process, evaluate the circumstances of the DUI arrest, and prepare to challenge the DMV action when appropriate.
Call Lucero, PC at 213-668-7569 to schedule a consultation with a lawyer today.
What Happens at a California DMV DUI Hearing?
A DMV hearing is focused on your driving privileges and the circumstances surrounding the DUI arrest, rather than determining whether you are guilty or innocent of a criminal offense.
The issues considered depend on the circumstances of the arrest. In a typical alcohol-related APS case involving a chemical test, the DMV may consider whether the officer had reasonable cause to believe you were driving in violation of California DUI laws, whether you were lawfully arrested, and whether you were driving with a BAC of 0.08% or greater.
Chemical-test refusal cases involve additional questions. The DMV may consider whether the officer had reasonable cause for the DUI arrest, whether you were properly advised of the consequences of refusing or failing to complete the required chemical test, and whether a refusal or failure to complete testing actually occurred.
These distinctions matter because a chemical-test refusal can result in significant license consequences. For a driver age 21 or older, a first refusal can result in a one-year suspension, while subsequent qualifying refusals or failures can lead to longer revocation periods.
For an eligible driver age 21 or older who completed chemical testing and had a BAC of 0.08% or higher, a first APS offense can result in a four-month administrative suspension. Prior DUI-related incidents within the applicable 10-year period can increase the length and severity of the administrative action.
At the hearing, evidence may include the arresting officer's sworn report, chemical test results, and other documentation associated with the arrest. A driver also has important hearing rights, including the ability to present relevant evidence and witnesses, review evidence, and cross-examine witnesses under applicable DMV procedures.
Attorney Christopher Lucero's background as a former Southern California Deputy District Attorney gives us insight into evaluating law enforcement reports and evidence. We carefully review the circumstances surrounding the arrest to determine whether there are grounds to challenge the proposed license suspension.
Defending Your License and Your DUI Case
One of the most important things to understand after a DUI arrest is that you may essentially be dealing with two cases at once.
The DMV administrative proceeding concerns your driver's license. The criminal case concerns the DUI charge and potential criminal penalties. A favorable result in one does not necessarily guarantee the same result in the other.
For example, a DMV hearing officer may set aside an administrative suspension, allowing you to retain your driving privileges, while the criminal DUI case continues through the court system. Likewise, developments in the criminal case do not automatically resolve every DMV issue.
At Lucero, PC, we look carefully at the evidence relevant to both proceedings. Depending on the circumstances, this may include the officer's stated reason for initiating the traffic stop, observations of alleged impairment, field sobriety testing, breath or blood test results, body-camera footage, dash-camera footage, police reports, and chemical-testing records.
The legality of the stop and arrest can also be important. If the evidence does not support the required findings for the administrative action, there may be grounds to challenge the suspension at the DMV hearing.
Chemical testing can raise additional issues involving testing procedures, equipment, sample collection, maintenance and calibration records, timing, or laboratory analysis. In refusal cases, we may examine the circumstances surrounding the alleged refusal and whether the required warnings and procedures were followed.
Even when a suspension cannot ultimately be avoided, understanding your options remains important. Depending on the type of suspension and individual eligibility, California may provide options for restricted driving privileges, including certain ignition interlock device arrangements. A DMV hearing itself does not determine eligibility for a restricted license, so these issues should be evaluated separately.
Above all, do not assume that your upcoming criminal court date takes care of the DMV process. The 10-day hearing window can pass before a person has had meaningful progress in the criminal case.
If you have been arrested for DUI in La Verne, Pomona, Rancho Cucamonga, or elsewhere in Southern California, contact Lucero, PC
as soon as possible. We can review the circumstances of your arrest, explain the DMV and criminal processes, and help you take timely action to protect your driver's license, rights, and future.
Frequently Asked Questions
How long do I have to request a DMV hearing after a DUI arrest?
In California, you generally have only 10 days after receiving an Order of Suspension or Revocation to request a DMV administrative hearing. Because this deadline can pass before your criminal DUI case gets underway, it is important to act quickly.
What happens if I do not request a DMV hearing within 10 days?
If you do not make a timely hearing request, you may lose your opportunity to challenge the administrative suspension before it takes effect. There are limited circumstances in which a late request may be considered, but you should not rely on an exception.
Is the DMV hearing the same as my DUI court case?
No. A California DMV administrative hearing is separate from your criminal DUI case. The DMV proceeding focuses on your driving privileges, while the criminal court determines the outcome of the DUI charge and any criminal penalties.
Can I still drive immediately after a DUI arrest?
In certain cases, the officer will confiscate your California driver's license and issue an Order of Suspension and Temporary License. If you are otherwise eligible to drive, that document generally provides temporary driving privileges for 30 days from the date it was issued. This does not extend the 10-day deadline to request a DMV hearing.
What does the DMV decide at a DUI hearing?
The specific issues depend on the circumstances of the arrest. The DMV may consider whether the officer had reasonable cause to believe you were driving under the influence, whether the arrest was lawful, and whether chemical testing showed a BAC of 0.08% or greater. Different issues apply in chemical-test refusal cases.
Can I challenge a DUI-related license suspension?
Yes. Requesting a DMV hearing provides an opportunity to challenge the administrative action. Depending on the case, issues involving the traffic stop, arrest, officer's reports, chemical testing, or other evidence may be relevant.
What happens if I refused a breath or blood test?
An alleged chemical-test refusal can carry significant driver's license consequences. The DMV hearing may address whether you were properly advised of the consequences of refusing testing and whether you actually refused or failed to complete a required test.
Can I get a restricted license after a DUI suspension?
Depending on the type of suspension and your eligibility, restricted driving privileges may be available. Some drivers may qualify for options involving an ignition interlock device (IID). Eligibility and requirements vary, so your individual situation should be reviewed carefully.
What happens if I win my DMV hearing?
If the DMV determines that the administrative action is not supported, the suspension or revocation at issue may be set aside. However, winning the DMV hearing does not automatically dismiss your criminal DUI case because the two proceedings are separate.
Have Questions?
Call Lucero, PC at 213-668-7569 today. Chris Lucero is available during normal working hours but also maintains a 24/7 phone availability. If you need a consultation on a weekend or evening, he can provide that for you.