Requesting a California DMV Hearing following a DUI Arrest - California DUI Law and Legal Information

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Many drivers arrested in California for driving under the influence (DUI) are unaware that they need to act fast to prevent their driver's licenses from automatically being suspended following a DUI arrest. The California Department of Motor Vehicles (DMV) can suspend a suspected a driver's license following an Administrative Per Se (APS) hearing. Additionally, unless the driver requests an APS hearing and a stay of the suspension within ten (10) days of the DUI arrest, the DMV will automatically suspend his or her California driving privileges. This is so even if the person’s license to drive was issued by another state.

If an APS hearing is not requested within ten (10) days of the arrest, the California DMV will automatically begin the process of suspending the driver's license, and a hearing will probably not be granted. Once a driver's license is suspended in an APS action, the driver will need to have an insurance company file an SR-22 proof of insurance form before the suspension can end.

It is not uncommon for those accused of driving under the influence to miss the ten (10) day DMV hearing request deadline. Motorists licensed in other states may be unconcerned about a suspension of their California driving privileges. However, the Interstate Driver's License Compact has set up an agreement between states to share information about DUI arrests and other driving-related crimes. If a non-California resident is arrested in California for driving under the influence (DUI) or driving while intoxicated (DWI), the motorist's home state will usually learn of the California DMV action and suspend the driver's license.

License suspensions imposed by the California DMV in APS proceedings are separate from the criminal court case that stems from a California drunk driving arrest. Only the DMV can order a driver's license to be suspended following a DUI arrest. California courts were once able to order license suspensions, but that is no longer the case.

California DMV consequences will vary, depending upon whether the DUI arrest is a first, second, or third offense, whether the driver refused to take a chemical test, or whether the driver is convicted of a DUI involving an injury. License suspensions can range from four months for a first offense to as long as four years.

Regardless of whether a driver is arrested for a first offense or for multiple DUI offenses, his or her best chance to avoid a license suspension is to retain the help of a qualified California DUI defense attorney. Individuals arrested in the San Francisco Bay Area (including the counties of Marin, San Mateo, Alameda, Contra Costa, Sonoma, Napa and Santa Clara) for driving under the influence should hire attorneys who are familiar with the Hearing Officers of the San Francisco, Oakland and San Jose DMV Driver Safety Offices. The San Francisco DUI and DMV defense attorneys at the Law Office of Robert Tayac have years of specialized experience defending their clients at DMV hearings in the Bay Area and can help those facing driver’s license suspensions achieve the best possible result at a DMV hearing. In fighting your DMV suspension, they will begin by requesting an APS hearing, stay of the suspension and discovery from the California DMV on your behalf.