What Happens When an Officer Takes Your License for DUI
You’ll get a pink paper notice from the officer who takes your license for DUI. It says your license is suspended and you have only 10 days to ask the DMV for a hearing. It also gives you a temporary right to drive for 30 days. If you are from out of state, the officer will not seize your license, but your California driving privileges will be suspended.
Take Immediate Action After License is Suspended
After the arrest, you or your lawyer MUST call the DMV within 10 days of your arrest to request a hearing to contest your license suspension. If you don’t ask in time, you’ll automatically lose your right to drive for 4 months. If you request a hearing and it is set for more than 30 days after your arrest, your lawyer can request an extension of your temporary license. There is no penalty for requesting a hearing; you should ask for one even if the DMD says you will not likely win. You will still keep your original 30-day temporary permit.
Don’t give up your right to a hearing. Instead, please contact me, Orange County DUI attorney Scott. R. Cadzow, for a free, confidential consultation to help protect your license and ability to drive. I have 25 years of DUI defense experience, and a long history of successfully defending clients at DMV hearings.
DMV License Suspension Hearing
The DMV is a separate agency and the DMV hearing to contest your license suspension will be held separately from your criminal case for the DUI.
A DMV Driver Safety Office hearing officer (not a judge or attorney) will conduct the hearing and will decide whether there is a “preponderance” of the evidence that you were driving under the influence of alcohol or drugs or refused to be tested. Driving under the influence means having a Blood Alcohol Concentration (BAC) level of 0.08% or higher, or driving when other facts indicate you were under the influence of drugs or alcohol.
These hearings are very technical. They often require a decision on whether there were procedural or bureaucratic errors. No decision will be made on your suspension until some days or even weeks after the hearing.
Best Defense for DMV Suspended License
As an experienced DUI attorney, I will usually subpoena the arresting officer to attend your DMV hearing. If he or she does not come to the hearing, you will keep your license. If he or she does come, the testimony will preview what he or she would say at a trial, which is useful for preparing the defense of your court case and negotiating with the prosecutor. I will also be able to “lock in” the officer’s testimony so that the officer can’t easily change it later. I will make the strongest legal and technical arguments available at the DMV hearing to protect your license. However, regardless of the outcome, the DMV hearing cannot harm your DUI court case.
Return of Your License
If the DMV decides against you, your license will be suspended for 4 months if this is your only DUI arrest in the last seven years. This can be shortened to 1 month followed by 5 months of work restriction by filing 1) proof that you have enrolled in a DUI school AND 2) proof of insurance. If you refused a blood or breath test, the suspension is for 1 year and no work restriction is allowed. If you have a second DUI within seven years, your license will be suspended for 1 year (or 2 years if you refused a blood or breath test).
Call Attorney Cadzow for Top Orange County DMV License Suspension Help
I’m attorney Scott R. Cadzow, and I have over 25 years of experience as a DUI defense lawyer in Orange County and the rest of Southern California. I have successfully represented many people who have had their licenses suspended by the DMV for DUI. I can make the best possible technical and legal arguments in your favor at the DMV hearing. I will do everything in my power to protect your license to the full extent the law and the facts of your case allow.
If you or a family member has been charged with a DUI, please contact me, attorney Scott R. Cadzow, for a knowledgeable, careful, and concerned DUI defense, including your driver’s license defense at the DMV. I can meet with you at my law offices in Orange County or in Vista, whichever is closer to you.
Your case is important to me. I offer a free consultation and am available 24/7. I will respond quickly when you call.
For Fast DMV Suspended License Help, Call: (949) 697-5278