Drivers arrested for DUI in Orange County, California, face two immediate challenges:
- Criminal charges that will have an impact on your immediate and long-term future.
- An DMV administrative hearing (APS) the results of which could result in the suspension of your driver’s license and affect your driving privileges.
In this post, we will take a look at the second issue and why you need to act quickly after a DUI arrest to prevent your driving privileges from being suspended. You only have 10 days from the date of arrest to preserve your right to a hearing. At that hearing, you or your attorney will have an opportunity to contest the suspension of your driving privilege.
Understanding the 10-day Rule with DMV Hearings
After a DUI arrest in Orange County, California, the arresting officer will seize the driver’s license and serve the driver with a Notice of Suspension (DMV form DS 367), usually after release from custody.
The language used on the form can be confusing for drivers. However, the DMV in California, who is responsible for administering driver’s licenses across the state, explains the following on its website:
“If the DMV orders a discretionary action against a person’s driving privilege, that person has the right to a hearing before the DMV to challenge the action and review the evidence supporting it.
A person must request a hearing within 10 days of receiving notice of the action against their driving privilege.”
The “10 day” rule, therefore, refers to the period in which a driver must request a future hearing date with the DMV. At that hearing, the driver will be able to present legal and/or factual arguments as to why their driving privileges should not be suspended.
The 10 days are calculated in calendar days, not working days. The period begins the day after a DUI arrest in Orange County, California. However, drivers can legally drive temporarily, with no restrictions, until the hearing results are issued by the DMV provided their license was valid at the time of the arrest.
How to Request a DMV Hearing
The full name of the DMV hearing is an Administrative Per Se (APS) Hearing. To request such a hearing in Orange County, California, you will need to call, mail, email, fax or visit your local DMV Driver Safety Office, locations of which can be found here.
You will need to provide your name, mailing address, date of birth, California driver’s license number, arresting agency, date of arrest and any other details requested of you. It is important to document your contact with the DMV as there are frequent cases in which evidence of your contact may be lost, misplaced or destroyed by the DMV.
Remember, contacting the right DMV office as soon as possible after your arrest is essential so that you do not miss the 10-day deadline.
If you are too busy or would prefer a professional to handle the request, your criminal defense attorney will address the request for an APS hearing with the DMV before commencing work on your criminal case. A qualified DUI attorney will also prepare evidence and legal arguments that they will present at the DMV APS hearing.
What Happens If You Miss the Deadline?
If you miss the 10-day deadline to request a DMV hearing, your driving privileges will automatically be suspended 30 days after your arrest. It would outwardly appear that the DMV prefers that drivers waive their right to a hearing as they tend to enforce the 10-day rule rigidly, with few exceptions.
If your California driver’s license is suspended you cannot legally drive under any circumstances or you will likely face additional criminal charges and penalties for driving on a suspended license as well as the original DUI.
In certain limited circumstances, somebody who misses the 10-day deadline may still request a hearing. Some examples of this are situations and exceptions where injury, hospitalization or remaining in police custody for an extended period has affected the ability to request a hearing. In some cases, police officers fail to issue the pink notice (DS 367) form, and the drivers are unaware of their right to a hearing until it is too late.
Fighting the license suspension should be regarded as the first step in defending criminal DUI charges. Even if the license suspension is upheld at the hearing, important evidential information may be revealed during the process. Remember, in all cases, a stay of suspension and a request for discovery can be made. This means the DMV must turn over all the evidence in their possession before the commencement of the APS hearing. Thus, an experienced DUI criminal defense attorney can develop a sound defense strategy after reviewing all the evidence for both the APS and criminal hearings.
What to Expect During the DMV Hearing?
During the DMV hearing, you have the right to review the evidence and to cross-examine the testimony of witnesses for the DMV. You can also present evidence, witnesses and have the right to testify. You may be represented by an attorney at your own expense.
The hearings are recorded and are conducted remotely or in person before a Driver Safety Hearing Officer. These hearings are not “trials” but are administrative hearings performed in front of a Hearing Office who is an DMV employee, not a judge or even an attorney.
Drivers are informed at the hearing of the legal grounds and issues of the hearing. The purpose of the hearing is to ascertain whether the license suspension is justified based on DMV APS rules.
Following the hearing, the Hearing Officer will decide whether to uphold, modify or set aside the DMV action (of suspension). You will receive a decision in writing approximately 5 to 10 days after the hearing is held.
If the suspension decision is upheld, a suspension date will be included in the “Findings and Decision” document which will go into effect approximately 5 days after receipt of said document. Drivers have the right to request the DMV conduct an administrative review of the decision or to appeal the decision to the Superior Court. If a review is requested, the suspension on your license remains through the appeal processes.
How Can a DUI Attorney Help?
A DUI attorney can not only assist with defending the DUI criminal charges against a driver but also with requesting and conducting the DMV hearing.
The best DUI lawyers in Orange County, California have an intimate understanding of the DMV rules and procedures and are well-accustomed to the best defense strategies to challenge the evidence against you.
A local criminal defense attorney provides a better chance of avoiding the harsh consequences a DUI has both now and in the future. Do not risk missing the 10-day deadline for requesting a DMV hearing. Requesting a DMV APS hearing can be the first step in defending the criminal charges against you.
Call The Law Offices of Bryan R. Kazarian today at 855-918-4253 or contact us online if you have been arrested for DUI and face criminal charges and a license suspension.
