After an arrest for a first-time DUI and upon release, you will be given
an Administrative Per Se Suspension/Revocation Order and a temporary driver’s
license. This temporary license is valid for 30 days. More importantly,
you must request a DMV administrative hearing within 10 days from the
issuance of this Order or your license will be automatically suspended.
Once you’ve requested a DMV administrative hearing, you have the
right to the DMV’s evidence prior to that hearing. You must request
the evidence at least 10 days prior to your hearing to receive it in time.
You have the right to an interpreter.
These hearings are very hard to win because the DMV only addresses a few issues:
- Did the police officer have reasonable cause to believe you were driving
a motor vehicle under the influence of drugs, alcohol or both?
- Were you lawfully arrested?
- Were you driving a motor vehicle when you had 0.08% BAC or more by weight
of alcohol or were you under the influence of drugs?
- Did you refuse to submit to or complete a chemical test?
After the hearing, the DMV’s administrative officer makes a finding
and renders a decision. You may appeal by requesting a departmental review
in writing within 15 days from the date of the notice informing you of
the results of your hearing and pay $120 fee or by filing a writ of mandamus
at the superior court in your county of residence within 30 days from
the result notice.
The DUI hearing is separate from any action taken by the court. If you
are convicted of DUI in court, your driving privilege will be suspended.
After a DUI, the DMV process and the court process can be hard to understand
and navigate. Let our experienced attorneys at
Atlantis Law help guide you through this difficult time. We take the time to explain
the law and the process and truly care about our clients.
Call today for a