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Practices > Riverside and Orange County DUI Lawyers > The DMV Hearing

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Riverside, Los Angeles, Orange, San Bernardino & San Diego Counties

One of the first things to address in your case is what you do to attempt to keep your driving privilege. For most people, driving is a daily necessity and often relates directly to one’s ability to make a living.

When someone is arrested for DUI in California and suspected of having a BAC of .08% or greater, his/her driver's license is immediately confiscated by the police and he/she is given the DMV's pink slip entitled "Notice of Suspension and Temporary License ". This allows you to have the privelege of driving for another 30 days so long as within the first ten (10) days after your arrest, you reserve an APS (administrative per se) hearing through the DMV.

At WILL & WILL, LLP, once you retain us as counsel, we will reserve the DMV hearing on your behalf and take care of the entire process for you. If the hearing is not reserved within ten (10) days, your right to contest the suspension is lost. By law, without having a hearing to dispute the DUI case with the DMV, your license will be suspended beginning thirty (30) days from the date of the arrest. If, however, the DMV hearing is properly calendared, you will receive a notice in the mail extending your temporary license until a decision on the outcome of the APS hearing can be made.

Once your DMV hearing date is reserved, the attorneys at WILL & WILL, LLP immediately start reviewing the police report for possible arguments to make at the hearing. A DMV hearing is not conducted in front of a judge, but rather to a DMV hearing officer that has been hired and trained by the DMV according to its specific administrative laws. Thus, a DMV hearing is not governed by the same laws as those used in a courtroom. This is one of the most important reasons to obtain the private counsel of WILL & WILL, LLP. Our knowledgeable and experienced attorneys are familiar with and understand all the intricacies of the DMV and their policies.

Generally, for the defendant, appearing at the DMV hearing is optional. However, depending on your case, we as your lawyers might determine that it would be beneficial to your case’s defense for you or another (such as a passenger in your car at the time of the incident) to appear and testify.

The hearing officer almost never renders a decision at the end of the hearing. Rather, the matter is "taken under submission" and a notice is later mailed to both you and your attorney. It may take anywhere from a few days to over a month for you to receive this letter. Once you do, you will either receive an "Order of Set Aside" saying that your license is being fully reinstated, or a "Notification of Findings and Decision" which means that the hearing was lost. Depending on whether this is your first, second, third, etc... DUI, the suspension will range in length. Furthermore, if this is the outcome of your hearing, your lawyers at WILL & WILL, LLP will be able to explain to you how (and if you are eligible) to turn your suspension into a restriction, which would allow you some driving privileges.

Call or fill out our online contact form to find out how WILL & WILL, LLP can help you fight your DMV hearing.



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