DMV PROCEDURES AND RULES

By far, the most complicated part of being arrested for driving under the influence (DUI) is understanding DMV Procedures and Rules.

When you were arrested for DUI, you were likely given a pink temporary license that is good for 30 days from the date of your arrest. However, it doesn’t end there: You have only 10 days from the date of your arrest to request a DMV hearing. Contact a Southern California DUI Defense Lawyer at Lieber Williams & Labin today protect your rights.

If a hearing is not requested within 10 days, your driver’s license will be automatically suspended. To protect your rights, we will request a hearing for you right away to protect your license.  IF YOU WAIT YOU COULD LOSE YOUR RIGHTS.

Despite the fact that the DMV action and the court case arise from the same event, the DMV process is separate and distinct from the court process, and the DMV can suspend your license even if the court dismisses the case.

In a first-offense case, assuming that a chemical test submitted to, the DMV will attempt to suspend your license for four months. It is possible to obtain a restricted license (allowing you to drive to work and to your alcohol class) after 30 days if you enroll in a licensed alcohol offender class and file an SR-22 insurance certificate, and pay a $100 fee.

If this is a first offense case and you were under 21 at the time of your arrest, the DMV will attempt to suspend your license for one year. However, in some cases it is possible to file for a Critical Need Restriction form with the DMV.

If you’ve been charged with a DUI in the past ten years and have been charged again (where a chemical test was given), the DMV will attempt to suspend your license for one year, and not give you the option of obtaining a restricted license.

If you have a commercial drivers license or if the DMV alleges that you refused to take a chemical test (breath or blood), the potential punishments and penalties can increase dramatically.

For help fighting the DMV and demanding a hearing to help you keep your license, call the attorneys at  Lieber Williams & Labin for a FREE CONSULTATION.