Criminal Defense AttorneyCriminal law attorneyDUI Defense

Requesting A DMV Hearing After Arrest For A DUI

By June 26, 2020 No Comments

The State of California’s are continuously adapting as the result of the COVID-19 pandemic Currently, all Department of Motor Vehicles (DMV) hearings in and held by the State of California are telephonic. Individuals may still request in-person hearings, but these will be delayed to an indefinite time. California motorists may request a delay or “stay” of their license suspension at a California DMV hearing.

A DMV hearing after a DUI arrest is an administrative procedure where the motorist appears before a DMV hearing officer and attempts to restrict or prevent the DMV from suspending his/her driving privileges. Police seize a motorist’s driver’s license after a DUI arrest and the DMV may suspend the license. At this time, a driver may request a hearing, whereby the DMV then issues a 30-day temporary driver license allowing the driver to continue driving for 30 days, despite not having his or her permanent license.

A person must contact the DMV within 10 days after a DUI arrest to request a stay and a hearing. The driver can make this request by either calling or faxing a DMV Driver Safety Office. For example, if the accused was arrested on February 17, the request must be made by February 27. The DMV strictly enforces this deadline and may suspend a motorist’s driving privileges if his or her request is made after the 10 days have passed. The experienced DUI defense attorneys at the Dolan Law Offices during the course of their representation may assume responsibility for making this request on behalf of the client.

The stay refers to a “stay of suspension” and it is this mechanism that allows an accused motorist to continue driving on a temporary license if the DMV does not conduct a hearing within 30 days from the date of the arrest. This temporary license lasts for 30 days since the goal of the DMV is to hold a hearing within 30 days from the date of the arrest.

However, a host of reasons may cause the DMV to fail to conduct a hearing within 30 days. When this occurs, any stay request will cause the DMV to take no action to terminate the 30-day license. Instead, the DMV will grant the motorist unrestricted driving privileges until a hearing is conducted, and the DMV makes a suspension decision.

The length of license suspensions is usually up to a 4-months for a first-time DUI conviction, or up to 1-year for a second DUI conviction.

John Patrick Dolan has represented California motorists charged with DUI for over 40 years. He is a recognized California State Bar Certified Specialist in Criminal Law and a true courtroom veteran of DUI cases. Call the Dolan Law Offices today at (760) 775-3739 or find out more online here.

Requesting A DMV Hearing After Arrest For A DUI