Requesting a DMV Hearing in a California DUI / DWI Case

California law provides for an administrative per se (APS) sanction from the Department of Motor Vehicles (DMV) following every California DUI / DWI arrest. Whether a DUI / DWI charge stems from a breath test, a blood test, or a chemical test refusal, the California Department of Motor Vehicles (DMV) will promptly act to suspend the driving privileges of anyone arrested for driving drunk in California, even if the person is licensed in another state. A California attorney who is skilled in drunk driving defense can help a driver achieve the best possible outcome at a DMV hearing.

It’s URGENT that anyone arrested for DUI in California request a DMV APS hearing within 10 days. If the APS Hearing is not requested within 10 days, the person’s license is automatically suspended, and an APS hearing likely will not be granted. This means that the person’s driver’s license will not be restored unless an SR-22 proof of insurance is filed, and the driver’s insurance company will learn of the DUI / DWI arrest.

Many accused drunk drivers miss the 10-day Department of Motor Vehicles APS hearing request deadline. Those licensed outside of California may not be concerned about losing their California driving privileges. But because of the Interstate Driver’s License Compact, driving under the influence or driving while intoxicated arrest information is shared between states. This means that if a non-California resident is arrested within the state for a driving under the influence, the driver’s home state will learn of the California Department of Motor Vehicles (DMV) action, and the home state will then suspend the driver’s license. An experienced DUI / DWI attorney can challenge the DMV’s action, and vastly improve a driver’s chance of keeping his or her license.

The consequences of a DUI imposed by the Department of Motor Vehicles (DMV) are separate from the court case that stems from a California DUI / DWI arrest. DMV consequences will vary, depending upon whether it is a first time DUI / DWI arrest, a second offense DUI / DWI arrest, a third offense DUI / DWI arrest, and whether a chemical test of blood or breath was given, or whether the driver refused to take the test.