DMV Hearing

It is illegal in the state of California to drive with a blood alcohol content (BAC) level above 0.08%. If you are caught driving with a BAC level exceeding the legal limit, you will be arrested and charged with driving under the influence (DUI). At this time, the police officer will confiscate your driver’s license, and you will be issued a suspension order and temporary driving permit that is good for 30 days.  This serves as (1) a temporary license and (2) notice that this temporary license will automatically go into suspension in 30 days unless a hearing is requested.

After your arrest, the most important thing to do is schedule an administrative hearing with the California Department of Motor Vehicles (DMV). You only have 10 DAYS from the date of your initial arrest to schedule your DMV hearing. This hearing gives you and your attorney the opportunity to challenge your arrest and try to get your driving privileges reinstated. Failure to schedule a hearing within those first 10 DAYS will waive your right to challenge the suspension. In addition, unless you schedule a DMV hearing within the first 10 days following your arrest, your driving privileges will automatically be suspended for up to four months.

At the hearing, a representative from the DMV acts as a judge to determine whether your driving privileges will remain suspended or be reinstated. At this time, you and your attorney have the opportunity to present evidence, data, and testimony to use in your favor. After the DMV representative evaluates all the materials submitted by both you and the arresting officer, he/she will make a ruling regarding the status of your driving privileges. It should be noted that the result of your DMV hearing has no influence on the outcome of your criminal trial. The DMV hearing only has jurisdiction over your driving privileges; the jury trial determines whether you are innocent or guilty of committing a criminal offense. Therefore, you could be found guilty at the DMV hearing, but innocent at the jury trial, and vice versa.

Contact Orange County DUI Attorney
If you have been arrested and charged with DUI, do not try and represent yourself in court. It is always in your best interest to hire an attorney that has experience, skill, and knowledge in California DUI laws.  Orange County DUI attorney David Boyer has a thorough understanding of this area of the law, and is dedicated to helping his clients successfully fight their DUI charges in court. Mr. Boyer will protect your driving privileges, and aggressively fight on behalf of your best interest. Mr. Boyer’s number one priority is defending your rights, protecting your best interest, and fight to obtain the most favorable result.

If you are in need of a dedicated and experienced Orange County DUI defense attorney, contact the law office of David Boyer today for your free consultation at (877) 880-9889.