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The DMV DUI Case


California DUI arrests and convictions automatically trigger California DMV driver's license suspensions. A DMV Hearing must be requested within ten (10) days of the DUI arrest in order to prevent the automatic suspension of a California driver's license or privilege to drive within California if the person has a license from a state other than California.  The  DMV Hearing should be requested with the Driver Safety Office having jurisdiction over the city in which the DUI arrest occurred. If the DUI arrest occurred in Orange County, the DMV Driver Safety Office in the City of Orange should be contacted.


If a DMV hearing is not requested within ten (10) days of a California DUI arrest, the driver's license or driving privilege will be suspended by the DMV thirty (30) days from the date of the arrest for a minimum of four (4) months in the case of a first DUI offense. Second offense driving under the influence cases trigger a two (2) year license suspension.


Requesting a DMV Hearing  does not prevent the suspension of the license. It entitles a driver accused of driving with a blood alcohol level of 0.08% or greater to a Hearing where a DMV hearing officer will decide whether the driver's blood alcohol level was 0.08% or greater at the time of driving. If the DMV determines the driver was driving with a blood alcohol level of 0.08% or greater, the DMV will suspend the driver's license. In California, it is the Department of Motor Vehicles, not the court, which suspends a driver's license.


10 Day Rule


If a person is arrested for DUI, the officer will seize the driver's California license.  Drivers from out of state who are arrested for DUI are not subject to having their driver's license seized. The Police Officer, California Highway Patrol Officer or Sheriff's Deputy will serve a person arrested for driving with a blood alcohol level of 0.08% or greater with a pink sheet of paper which is the Order of Suspension and temporary driver's license. The form, also called California DMV Form DS-367, notifies the driver that there is only ten (10) days from the date of the arrest within which to schedule a hearing to contest the license suspension. Failure to schedule a hearing within ten (10) days will result in an automatic license suspension.   


DMV Hearing


The DMV Hearing will usually take place in an office with a DMV Hearing Officer.  The Hearing Officer is a DMV employee, not a prosecutor or judge. However, the DMV officer's role is similar to the role of a prosecutor or judge in that the officer must present evidence to justify the driver's license suspension and make a final ruling.


The DMV Hearing Officer has the burden of justifying the license suspension. In order to justify the suspension of a driver's license, the DMV officer must find that the arresting officer had reasonable cause to believe the person was driving in violation of the DUI statutes, that the arresting officer lawfully made the DUI arrest, and that the person was driving with a blood alcohol level of 0.08% or greater.  The DMV Hearing process is very technical, and while the arresting officer may testify at the hearing, the final decision will be based upon the evidence presented.


The duration of license suspension varies.  For first time DUI offenders, license suspension imposed by the DMV usually lasts between four to six months. If convicted of driving under the influence, the Orange County Superior Court will forward an abstract (notice of your conviction) to the DMV which will then impose a separate suspension usually lasting for six months. (A person ordered to complete a nine (9) month DUI school by the Superior Court will suffer a ten (10) month license suspension.) For multiple DUI offenses, license suspension or even revocation can last up to three years or permanently.


Hiring an Attorney


The most important decision made after being arrested for a Orange County DUI is to hire an experienced Orange County DUI Attorney.  The reason it is important to hire a local Orange County DUI Attorney is because there are local procedures in the Orange County Superior Court specific to DUI cases. Additionally, an experienced Orange County DUI Lawyer will protect your legal rights and inform you of your legal options throughout the case.  Your lawyer should also schedule your Hearing with the DMV and represent you at the Hearing. A skilled DUI Attorney will know how to best present your side of the story and challenge evidence the DMV will present against you. By hiring an attorney, you increase the chances that your license will not be suspended and if your license is suspended, minimize the length of time it takes to get your license back.

Orange County DUI Attorney


Edgar Reynoso has been helping people accused of driving under the influence in Orange County for over a decade. He has the specialized education, training, and experience to effectively defend your drunk driving case. When you hire Edgar Reynoso, you will know that you have the services of one of the most knowledgeable DUI Lawyers in California.


 DUI Defense Lawyer


To have the greatest opportunity of avoiding the many penalties and negative consequences of DUI conviction, be sure to contact our experienced DUI Attorneys as soon as possible. We are here to offer you the aggressive and dedicated representation you deserve. 


The Reynoso Law Firm, with offices throughout Orange County, is a well-respected law firm of DUI Lawyers specializing in DUI defense exclusively: no clients but those charged with drunk driving (and related charges) are accepted. Mr. Reynoso has been defending Orange County  DUI cases since 1997 and is a graduate of NCDD’s DUI Trial College conducted at Harvard Law School.


We invite you to contact us today for a free consultation about your DUI case.  We will even contact the DMV to protect your license absolutely free, whether you retain our firm or not.


Call 1(877) DUI-PROS now.

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