The First 10 Days
If you’ve been arrested for DUI anywhere in California, you have only 10 days from the date of your arrest to request an administrative hearing with the California DMV. Sadly, this information is not always brought to the attention of people arrested for DUI. And the consequences for missing this deadline are severe: if you fail to request a hearing on time, your California driving privileges will be suspended automatically on the 30th day after your DUI arrest.
If you’ve already missed the 10-day deadline at the time you’re reading this, all is not necessarily lost. Our Firm is often able to get late hearing requests granted, so long as we are able to show good cause for the request. Please call our office ASAP if this is your situation; if you’ve missed the 10-day DMV deadline, every day counts!
Whenever someone is arrested for DUI in California, that arrest triggers two different cases.
- First, there is a court case, where a conviction means a criminal record, fines, mandatory alcohol education classes, and possibly jail time. However, this isn’t all.
- There is also a second case that is triggered with the DMV, where the DMV is seeking to suspend your California driving privileges.
Unlike the court case, where you are given a date that you are expected to be in court, it is up to you to request the hearing with the DMV. If you don’t request that hearing on time, then you don’t get one, and your license is automatically suspended.
Note that these 10 days are calendar days, not business days. The day of your arrest is considered day zero, and each day thereafter counts towards the 10-day deadline. If the tenth day falls on a weekend or a holiday, you will be allowed to request the hearing the next business day.
If you hold a drivers license from a state other than California, this still applies to you! If your California driving privileges are suspended as a result of your failure to timely request a DMV Hearing, this will likely be reported to your home state through the interstate drivers license compact, and your driving privileges will end up being suspended.
The consequence for missing the 10 day deadline is the same as the consequence for losing the hearing, and can carry a drivers license suspension that is as short as four months, or as long as several years.
There are many advantages to having our Firm make this request for you.
- First, we will ensure that you receive a stay of suspension, meaning that your license won’t be suspended on day 30;
- We know who the good hearing officers are (and most importantly, who they aren’t), so we can set your case in front of someone we believe you stand a better chance of winning with;
- We always ensure the request for a hearing is properly documented, to avoid any chance of the DMV claiming it wasn’t made timely.
There are many reasons why a DMV Hearing is vitally important. Besides keeping your driving privileges intact, the DMV Hearing affords your lawyer a chance to cross-examine witnesses outside of court, to use the DMV subpoena power to get material without the court being involved, and to develop forensic evidence that can be helpful to you. Time is of the essence; do not ignore the 10-day deadline.