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What Happens to My License After a First Time DUI?

What Happens to My License After a First Time DUI?

Temporary Driver License After DUI

After an arrest for a first-time DUI, you will be given an Administrative Per Se Suspension/Revocation Order and a temporary driver’s license. This temporary license is only valid for 30 days. You must request a DMV administrative hearing¬†within 10 days from the issuance of this Order or your license will be automatically suspended.

How to Prepare for a DMV Hearing

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 also 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?

What Happens After the Hearing?

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 criminal attorneys at Atlantis Law Firm help guide you through this difficult time. We take the time to explain the law and the process and truly care about our clients.

If you are considering requesting a DMV administrative hearing, reach out to our DUI lawyer at the Atlantis Law Firm in Rancho Cucamonga at (888) 836-2396 or contact us via online form.


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