A DUI arrest in California triggers not only criminal charges but also an DMV administrative driver license suspension process separate from the Criminal case. One of the most crucial steps after a DUI arrest is contacting the Department of Motor Vehicles (DMV) within 10 days to request a hearing. Failing to do so would result in an suspension of your driver’s license 30 days after the arrest if you are over the blood/breath alcohol limit. Here’s why acting fast is essential.
What Happens After a DUI Arrest?
When a driver is arrested for DUI, the officer typically issues a “Notice of Suspension” (often a pink slip), which serves as a temporary license for 30 days. However, this notice also states that the driver has only 10 days to request a DMV hearing to challenge the suspension. If no request is made within this time frame, the hearing is waived and your license suspension will take effect 30 days after the arrest.
Why Is the 10-Day Deadline Critical?
1. Avoid Automatic License Suspension
By failing to request a hearing within the 10-day window, you forfeit your right to contest the suspension. This means that in addition to any conviction suspension there is an additional DMV administrative suspension that can also be coordinated to run at the same time as the Court suspension. This also allows you time to keep a valid license until you complete DMV requirements to get a restricted license if suspended.
- First-time DUI: DMV License suspension for at least four months if 21 or older and a year if under 21.
- Repeat offenders: Suspension or revocation for one year or more
- Refusing a chemical test: Automatic one-year suspension for a first offense and no restriction available
2. Gain the Opportunity to Fight for Your Driving Privileges
A DMV hearing is separate from your criminal court case. It’s an administrative process where you or your attorney can present evidence to challenge the suspension. The hearings are usually done on sworn reports and can be difficult to win if you were the driver, the officer had a reason to contact you and you were over the limit. However, a successful defense could lead to not getting a this admin suspension. At the very least, it stabilizes and extends your valid license pending the hearing results which can be 2-3 months after the arrest. This extension also allows you to complete the DMV requirements to get a restricted license if and when there is a suspension and you are eligible.
3. Additional Time to Prepare Your DUI Defense
Requesting a DMV hearing can delay the suspension, giving you and your attorney more time to prepare your case. Regardless of the DMV administrative suspension, you still could get suspended separately for a conviction for DUI.
Final Thoughts
If you’ve been arrested for DUI in California, time is not on your side—you must act quickly. Contacting the DMV within 10 days is your best chance to protect your driving privileges and fight the suspension. If you have an attorney he will set up the hearing and handle it for you as well as helping you get the best possible resolution. Normally, if you get a DUI Defense attorney, they will set the DMV Hearing, coordinate any suspension that may occur with any Court conviction suspension. A DUI Criminal Defense Attorney will also review your case for any issues, tell you what needs to be done to get the best resolution and make your Court appearances on misdemeanor DUI cases without you.
