Law Office of Michael L. Fell
900 Roosevelt Irvine, CA 92620
(949) 585-9055

Everything You Need to Know About the DMV Hearing After a DUI Arrest

If you are arrested for a suspected DUI in California, one of the issues you will be facing is a license suspension from the DMV. Keep reading to learn about the hearing that will determine if the DMV suspends your license, and then contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation with an experienced criminal defense attorney.

The Basics of the DMV Hearing and License Suspension

When you are arrested for a DUI, the arresting officer will seize your driver’s license and give you a pink paper. This starts the clock ticking, and you then have just ten days to request a DMV hearing. If you do not do this, then you will automatically lose your license. This is why you need to contact an attorney right away so that we can do everything possible to prevent this license suspension.

What Happens if You Win Your Hearing?

When we represent you at a DMV hearing, we can use evidence to show that your license should not be suspended. If we win, then your driving privileges are not suspended by the DMV. The DMV will then return your driver’s license to you. If you are convicted of a DUI, the state can still suspend your license, but the DMV will not if you win your hearing.

What Happens if Your License is Suspended by the DMV?

If you are arrested for a first-time DUI, and the DMV suspends your license, you will lose it for at least 30 days. You can then get a temporary restricted license if you are able to pay $125 to the DMV, can prove you are enrolled in a court-ordered alcohol program, and fill out the correct form. This restricted license only allows you to drive to and from work and to and from alcohol classes.

What Happens if You Drive Illegally on a Restricted License?

If you are given a restricted license and do not follow the rules, you can spend up to six months in county jail and pay fines of as much as $1,000. It does not matter if you were driving to look for a job or to take your child to daycare. You should not drive on a restricted license other than in the specific way you are legally allowed to do so.

How We Can Fight for You at Your Hearing

During your license suspension hearing at the DMV, we can challenge the grounds for your arrest and the charges you are facing. We might show that there was no reasonable cause to pull you over, that your arrest was not lawful, and other factors. If the DMV does suspend your license, but you are then found not guilty in court, we can work to have the DMV suspension reversed.

As you can see, it is essential to have a DUI attorney on your side if you are facing a DUI charge in California. Contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation now.