DMV Hearings and License Suspension

The California DMV and License Suspension

San Jose DUI Defense Attorneys California DWI Lawyers

If you have been arrested for drunk driving and you face suspension of your driver's license under VC 13352, 13352.1, 13353.1 (refusal to submit to a test) and other penalties, take immediate action because you have only 10 days to request the hearing. Contact the San Jose or Fresno DUI defense attorneys at the Moore Law Firm for a free initial case evaluation after which we can help you request a hearing. Call 1.866.687.5142.

Your license may be suspended for other offenses as well, including

• Speeding or reckless driving
• Driving in excess of 100 mph (Vehicle Code 13200.5)
• Failure of the driver of a vehicle involved in an accident to stop or otherwise comply with Section 20002
• Reckless driving proximately causing bodily injury to a person under Section 23104 or 23105.
• Evading a peace officer (VC 2800.1 or 2800.2)

We will ALWAYS HELP YOU to request a DMV hearing FREE.

In California, the state legislature has provided a rapid method of suspending the driver's licenses of people suspected of operating a motor vehicle while under the influence of alcohol or drugs. The police or California Highway Patrol will take away your driver's license immediately upon arrest, giving you an "Order of Suspension" (Administrative Per Se Suspension/Revocation Order and Temporary Driver License DS 367)along with a temporary (pink) license good for only 30 days.

Automatic suspension of your driver's license will follow unless you request a hearing within 10 days. If you (or your lawyer) request a hearing with the DMV, you will receive a stay of your driver's license suspension until your DMV hearing has been conducted (which can take months).

A refusal to submit to and complete a blood or breath test, unless it can be successfully challenged, will result in a one-year driver's license suspension.

Your Driver's License Cannot be Suspended Unless the DMV Can Prove...

• The arresting officer had reasonable cause to believe you were driving drunk (in violation of VC 23152, 23153 or 23154)
• You were placed under lawful arrest
• You were driving with a blood alcohol content of .08% or more (0.1 if you are under 21 - Vehicle Code 13202.5 or on probation for VC 23152, 23153)

If a DMV hearing officer (who acts as both the judge and the prosecutor) determines, by a preponderance of evidence, that any of the above facts are not supported by the evidence, your driver's license will be returned to you or reissued.

However, if a hearing is not requested or if you don't attend the hearing, your chance to save your license is lost. The DMV will impose a four-month suspension for a first offense and a one-year suspension for a second offense or refusal (DMV 916-657-0214).

Ten Facts To Remember About Your Driving Privileges

• You (or your attorney) have only ten (10) calendar days to contact the DMV before the DMV suspends your license. The 10-day time limit is computed from the date of the ORDER OF SUSPENSION you were given by the police officer. If time is running out, contact an attorney ASAP.We will ALWAYS HELP YOU to request a DMV hearing FREE. Call 1.866.687.5142. for FREE HELP TO REQUEST A DMV HEARING and obtain a restricted license.
• Your temporary driver's license is the pink piece of paper the arresting officer gave you. This is called a DS 367. If you are under 21, the DMV paper looks slightly different. See VC 13202.5
• Even if you did not receive a DMV paper, the California DMV will take action against you.
• Even if you have a license from another state, the state may take action against your driving privileges.
• Even if the officer did not take your license, the state may take action against your driving privileges.
• Your temporary driver's license is valid for only 30 days from the issue date. If a DMV hearing is requested within 10 days, your temporary license will be extended and there will be a stay (delay) of suspension until the outcome of your DMV hearing.
• The DMV and criminal proceedings are separate and independent. The outcome of one almost never affects the outcome of the other. Sometimes people are confused by the arresting officer or the DMV paper and think that the temporary license is good "until the (criminal) court date." That is not true. Don't drive on a suspended license. Be sure to attend your DMV hearing date and get your license back.
• If you completed a chemical test, there will be three issues to be determined at your hearing (see the reverse side of your temporary license.)
• The DMV has the burden of proof. If it only proves two of the 3 issues, you win!
• All your attorney has to do is knock out one (1) DMV issue to save your license. You may avoid any reissue fee and/or Proof of Insurance SR-22 filing!

"Suspension" of license VC 13102: When used in reference to a driver's license, "suspension" means that the person's privilege to drive a motor vehicle is temporarily withdrawn. The department may, before terminating any suspension based upon a physical or mental condition of the licensee, require such examination of the licensee as deemed appropriate in relation to evidence of any condition which may affect the ability of the licensee to safely operate a motor vehicle.

"Revocation" of license Vehicle code 13101: When used in reference to a driver's license, "revocation" means that the person's privilege to drive a motor vehicle is terminated and a new driver's license may be obtained after the period of revocation.

"Notice of suspension or revocation of license" (Vehicle Code 13106): (a) When the privilege to operate a motor vehicle is suspended or revoked, the department shall notify the person by first-class mail, of the action taken and of the effective date thereof, except for those persons personally given personally given notice by the department or a court, by a peace officer, or otherwise pursuant to this code.

Your license could also be suspended pursuant to Vehicle Code 13200 for Speeding or reckless driving. VC 13200: Whenever any person . . is convicted of a violation of any provision of this code relating to the speed of vehicles or a violation of Section 23103 the court may . . suspend the privilege of the person to operate a motor vehicle for a period of not to exceed 30 days upon a first conviction, a period of not to exceed 60 days upon a second conviction, and for period of not to exceed six months upon a tired or any subsequent conviction.

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