Words cannot express how grateful I am to you...
- Wendy C. 
Los Angeles DUI Defense Attorneys 
DUI / Drunk Driving Defense FAQs
- At the time of my arrest, the officer confiscated my driver license. How do I get it back?
- The officer issued me an Order of Suspension and Temporary License. What am I supposed to do with this document?
- The Notice of Suspension that the officer gave me at the time of my arrest states I have ten days to request an administrative hearing. What is the purpose of this hearing and what can it do for me?
- How long will my driving privilege be suspended if I took the chemical test?
- Do I need a hearing to get a restricted license to go to and from work?
- The officer stated I refused to take a chemical test. What does this mean?
- How long will my driving privilege be suspended for not taking the chemical test?
- How is the DMV suspension or revocation for the DUI arrest different from the suspension or revocation following my conviction in criminal court?
- What is an administrative hearing?
- What are my legal rights at a DMV administrative hearing?
- How do I schedule a hearing?
- What if I need an interpreter?
- What if I do not appear at the hearing?
- Will the hearing location be accessible to persons with disabilities?
- I am scheduled to appear in court on the DUI charge. Is this similar to a DMV hearing?
- Why does DMV offer the right to a hearing if I am already scheduled to appear in court for the DUI charge?
- How is the DMV hearing different from the court trial for DUI?
- Does the DMV hearing substitute for the court trial?
- The suspension of my driving privilege was sustained following my DMV hearing, but I was found not guilty of the DUI charge in criminal court. Do I get my license back?
- The DUI charge was reduced in criminal court to reckless driving. Do I get my license back?
- The district attorney decided not to file a DUI charge against me. Do I get my license back?
- I was convicted in court of the DUI charge, but the judge said I could get a restricted license. How do I obtain this restriction?
- If I have a DMV hearing and the hearing officer sets aside the suspension and lets me keep my license. Does this have any effect on what happens to the DUI charge in criminal court?
Frequently Asked Questions - Driving Under the Influence - DUI
Q. At the time of my DUI arrest, the officer confiscated my driver license. How do I get it back?
A. Your driver license will be returned to you if we prevail at the Administrative Per Se (A.P.S.) Hearing. Otherwise, if you loose the hearing then you will be eligible for a license at the end of the suspension or revocation, provided you pay a $100.00 reissue fee to the DMV and you file proof of financial responsibility (SR-22 form). If it is determined that there is not basis for the suspension or revocation, your driver license will be issued or returned to you. You may also qualify for a restricted driver license after only 30 days of suspension. Please call our firm for details at (888) 579-4844.
A. You must request a hearing from the DMV within 10 days of arrest! Please call us to stop the automatic DMV license suspension! Otherwise, you may only drive for 30 days from the date the order of suspension or revocation was issued, provided you have been issued a California driver license and your driver license is not expired, or your driving privilege is not suspended or revoked for some other reason.
A. An A.P.S. Administrative Per Se Hearing is your only opportunity to show that the suspension or revocation is not justified. We frequently win these hearings and have our client's driver license fully restored.
Q. How long will my driving privilege be suspended if I took the chemical test?
A. If you are 21 years of age or older, took a blood or breath test, or (if applicable) a urine test, and the results showed 0.08% BAC or more: A first offense will result in a 4-month suspension. A second or subsequent offense within 7 years will result in a 1-year suspension. If you are under 21 year of age, took a preliminary alcohol screening (PAS) test or other chemical test and results showed 0.01% BAC or more, your driving privilege will be suspended for 1 year.
Q. Do I need a hearing to get a restricted license to go to and from work?
A. No, but your license may still be suspended (no driving at all!) for a mandatory period (30 days to one year!) before you would qualify for a restricted driver license. You must request a hearing within 10 days of arrest, then if you win the hearing your license will be returned to you without any restrictions. Otherwise, after the 30 days of a first suspension, you may apply for a restricted license to drive to and from work, during the course and scope of employment and to and from an alcohol program.
Q. The officer stated I refused to take a chemical test. What does this mean?
A. You are required by law to submit to a chemical test (or your blood or breath) to determine the alcohol and/or drug content of your blood. You must submit to or complete a blood or breath test after being requested to do so by a peace officer. As of January 1999, a urine test is no longer available unless: The officer suspects you were driving under the influence of drugs or a combination of drugs and alcohol, or both the blood or breath tests are not available, or you are a hemophiliac, or you are taking anticoagulant medication in conjunction with a heart condition. Unless a defense applies there is mandatory jail time for a refusal to submit to a chemical test.
Q. How long will my driving privilege be suspended for not taking the chemical test?
A. If you were 21 years of older at the time of arrest and you refused or failed to complete a blood or breath test, or (if applicable) a urine test: A first offense will result in a 1-year suspension. A second offense within 7 years will result in a 2-year revocation. A third or subsequent offense within 7 years will result in a 3-year revocation. If you were under 21 years of age at the time of being detained or arrested and you refused or failed to complete a PAS test or other chemical test: A first offense will result in a 1-year suspension. A second offense within 7 years will result in a 2-year revocation. A third or subsequent offense within 7 years will result in a 3-year revocation.
A. The DMV suspension or revocation is an administrative action taken against your driving privilege only. The suspension or revocation following a conviction in court is a mandatory action for which jail, fine, or other criminal penalty can be imposed.
Q. What is an administrative per se hearing?
A. In most circumstances where DMV orders a discretionary action against a person's driving privilege, that person has the right to a hearing before the department to contest the action and review the evidence supporting it. You must request a hearing within ten days of receiving notice of the action against the driving privilege. The hearing proceedings are tape recorded and are conducted by telephone or in person. The hearing is held before a Driver Safety Hearing Officer of the department. At the hearing, the driver is informed of the legal grounds for the action, and has the opportunity to review and challenge the evidence of the department, and to present evidence, witnesses and testimony to persuade the department to modify or rescind the action. The rules that control these hearings are found in the Vehicle Code, the Government Code (Administrative Procedures Act) and in various Appellate and Supreme Court rulings. Following the hearing, the Driver Safety Hearing Officer will make a decision to uphold (sustain), modify, or rescind (set aside) the DMV action.
Q. What are my legal rights at a DMV administrative hearing?
A. You have the right to be represented by an attorney or other representative, at your own expense. You have the right to review the evidence and to cross examine the testimony of any witnesses for the DMV and to present evidence and witnesses, as well as the right to testify on your own behalf. Following the hearing, you have the right to be provided a decision in writing. Should the decision resulting from the hearing be against you, you have the right to request the DMV conduct an administrative review of the decision, as well as the right to appeal the decision to Superior court. Requests for the administrative review or to appeal the decision in court must be made within a certain time period depending on the type of hearing and as described in the Vehicle Code. These time periods and other specific information concerning your rights will be stated on the notice containing the hearing decision.
Q. How do I schedule a hearing?
A. We can schedule the hearing for you and we can even appear on your behalf. You only have ten days following receipt of the notice to request a hearing, so please call us immediately. Or you may schedule the hearing yourself by writing to or telephoning one of the DMV's Driver Safety Offices at http://www.dmv.ca.gov/fo/dsolistings.htm. Be sure to get the name of the person that you speak to at the DMV. You'll be asked to identify yourself by your full name, your driver license number, and your date of birth. You will also be asked to verify your correct mailing address.
Q. What if I need an interpreter?
A. If you or a witness requires a sign or language interpreter, immediately contact us so that we can notify the Driver Safety Office to request that an interpreter be provided for the hearing.
Q. What if I do not appear at the hearing?
A. If you request a hearing and do not attend the hearing and you have not retained an LA drunk driving defense attorney to represent you, the DMV will proceed with the case against you and suspend your license.
Q. Will the hearing location be accessible to persons with disabilities?
A. Hearing locations are accessible to persons with disabilities. However, we will check with the department in advance to assure accessibility for you. In addition, if you know persons who plan to attend who have special needs that require reasonable accommodation, please contact us so that we can notify the DMV as soon as possible, so that arrangements can be made.
Q. I am scheduled to appear in court on the DUI charge. Is this similar to a DMV hearing?
A. No. The court proceedings and the DMV actions are separate. The DMV hearing is an administrative proceeding regarding the suspension or revocation of your driving privilege only. However, the court can also restrict or suspend your driver license.
A. Both our State and Federal Constitutions provide that no person shall be deprived of property without due process of law. Due process of law entitles you to a notice of the action DMV intends to take against your driving privilege and an opportunity to be heard, namely an Admin. Per Se Hearing.
Q. How is the DMV hearing different from the court trial for DUI?
A. The DMV hearing is an administrative proceeding regarding your driving privilege and the circumstances surrounding the arrest, not whether you are innocent or guilty of a criminal act. The following issues will be discussed: If you took a blood or breath or (if applicable) a urine test: Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140 (minor over 0.05% blood alcohol level), 23152 (adult with over 0.08% blood alcohol level) or 23153 (DUI with injuries)? Were you placed under lawful arrest? Were you driving a motor vehicle when you had 0.08% or more by weight of alcohol in your blood? If you refused or failed to complete a blood, breath test, or (if applicable) a urine test: Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140, 23152 or 23153? Were you placed under lawful arrest? Were you told that if you refused to submit to or failed to complete a test of your blood, breath, or (when applicable) urine, your driving privilege would be suspended for one year or revoked for two or three years? Did you refuse to submit to or failed to complete a blood or breath test, or (if applicable) a urine test after being requested to do so by a peace officer?
Q. Does the DMV hearing substitute for the court trial?
A. No. The DMV hearing and court trial are independent of each other. The DMV hearing deals with the circumstances surrounding a DUI arrest such as driving and the blood alcohol level or refusal to take a chemical test. The Court trial deals with whether you are innocent or guilty of a criminal act.
A. When a driver has been acquitted of DUI charges in court, a suspension or revocation will be reversed if it is determined by the DMV that the court decision does, in fact, equal an acquittal.
Q. The DUI charge was reduced in criminal court to reckless driving. Do I get my license back?
A. Not necessarily, a reduction of a DUI charge to reckless driving in the criminal court is separate and/or independent from the administrative proceeding and does not affect the driving privilege suspension.
A. Not necessarily. Current law may permit a driver a renewed right to a hearing within one year of the arrest date when a DUI charge is dismissed or not filed by a District Attorney due to lack of evidence, or filed, but later dismissed by the court because of insufficient evidence.
A. If you have a noncommercial driver license and you show proof of enrollment in a DUI treatment program, file proof of financial responsibility and pay a $100.00 reissue fee after a mandatory 30-day suspension, you may request a restricted license to drive to and from the DUI treatment program and/or to, from, and during work. If you have a commercial driver license and you were not operating a commercial vehicle at the time of the offense and pay a $100.00 reissue fee after a mandatory 30-day suspension, you may request a restricted license to drive to, from, and during work. You may also request a restricted license to drive to and from the DUI treatment program if you show proof of enrollment. A course of employment restriction is not allowed if you have a commercial driver license and you were operating a commercial vehicle at the time of the DUI offense, or did not complete a chemical test. Any driver with a second DUI offense within 7 years may submit proof of enrollment in a DUI treatment program, proof of financial responsibility and pay a $100.00 reissue fee one year after the effective date of the suspension to drive to and from an alcohol program and to, from, and during work. Any driver with a third or subsequent DUI offense within 7 years is not entitled to apply for any type of restricted license.
A. The DMV hearing officer can only set aside the administrative action against your driving privilege. This decision is separate and/or independent from any criminal charge, sanction, penalty, or decision. However, we frequently win the DMV hearing and after doing so we point out to the prosecutor and to the judge the weaknesses we discovered in the DMV hearing. This often results in either a dismissal of the DUI charge or a reduction to a lesser offense.
Please call us to discuss the possible defenses in your case. And remember TO STOP THE AUTOMATIC DMV DRIVER LICENSE SUSPENSION, call us within 10 DAYS of ARREST (888) 579-4844.
Please Click HERE for the Location of a Criminal Defense Lawyer Near You
NEARBY OFFICES IN LOS ANGELES, ORANGE AND VENTURA COUNTIES.
HIRE A LOCAL CRIMINAL DEFENSE ATTORNEY!
PLEASE CALL FOR A FREE CONSULTATION - REASONABLE FEES
PLEASE CALL US IMMEDIATELY!
OUR 24-HOUR PHONE NUMBER IS (888) 579-4844
DUI Resource Center
- DUI Defense FAQs
- Boating Under the Influence
- DUI Accidents and Who Pays
- Incorrect Arrest Procedure
- DUI and Loss of Income
- DUI and Loss of Transportation
- Multiple DUI Offenses
- Vehicular Manslaughter
- DUI Fines
- DUI Sentencing
- DUI and Loss of License
- California DUI DMV Hearings
- What Police Look for in a DUI Case
- After a DUI Arrest
- DUI Traffic Stops
- Police Mistakes in DUI Arrests
- DUI Accidents
- DUI Fatalities
- Blood Alcohol Concentration
- Breathalyzers
- Field Sobriety Tests – FST's
- Blood Tests
- Cognitive Tests
- Dexterity – Field Sobriety Tests
- Preliminary Breath Testing
