I have been arrested for a DUI in the state of California. Now what?
Within 10 calendar days of your arrest you must request a California DMV hearing. I strongly suggest finding a DUI attorney that will be knowledgable and help you decide the best plan.
If I am convicted of a DUI, what else can happen besides getting my license taken away?
Depending on how many offenses you have in the past 10 years, it can vary. You could be fined amounts of money, go to alcohol/drug programs, face jail time, or get probation. If you are a repeat offender, you could be looking at prison time.
I am scheduled to appear in court on a California DUI charge. Is this similar to a California DMV hearing?
No. The DMV hearing is an administrative proceeding regarding the suspension or revocation of your driving privilege only.
Why does the California DMV offer the right to a hearing if I am already scheduled to appear in court for the California DUI charge?
Both the California and U.S. Constitutions state that no person shall be deprived of property without due process of law. Due process of law entitles you to a notice of the action. The California DMV intends to take against your driving privilege and an opportunity to be heard (hearing).
Am I obligated to have a California DMV hearing?
No. You are not required to request a California DMV hearing. However, if you want to save your driving privileges you or your California DUI attorney, must request a hearing. Check your pink order of suspension and contact a California DUI lawyer as soon as possible to discuss your options.
Does the California DMV administrative hearing substitute for the California DUI court trial?
No. The California DMV hearing and the California DUI court trial are two different things. The DMV hearing deals with the circumstances surrounding a California DUI arrest. The California DUI court trial deals with whether you are innocent or guilty of one or more criminal acts including California DUI.
The suspension of my driving privilege was sustained following my DMV hearing, but I was found Not Guilty of the California DUI charge in criminal court. Do I get my license back?
When a driver has been acquitted of driving with .08% BAC or more, a suspension or revocation will be reversed when it is determined by California DMV that the court action does, in fact, equal an acquittal.
The suspension of my driving privilege was sustained following my DMV hearing, but the California DUI charge was reduced in criminal court. Do I get my license back?
No. A reduction of a California DUI charge in the criminal court is separate and independent from the California DMV administrative proceeding. This does not affect the driving privilege suspension from the administrative proceeding.
The suspension of my driving privilege was sustained following my DMV hearing, but the California DUI charges were dismissed in the criminal court. Do I get my license back?
Not necessarily. Current law may permit a driver to apply for a renewed right to a hearing within one year of the arrest date. When a California DUI charge is dismissed or not filed by a District Attorney due to lack of evidence, or filed, but later dismissed by the court because of insufficient evidence.
My California DUI Lawyer had a California DMV hearing and the hearing officer set aside the suspension and let me keep my license. Does this have any effect on what happens to the California DUI charge in criminal court?
No. The DMV hearing officer can only set aside the administrative action against your driving privilege. This decision is separate and/or independent from any criminal California DUI charge.
Some information found at San Diego DUI Lawyer.