DMV Hearing Lawyer Vista Fighting DUI License Suspensions

What Happens to Your License After a DUI?

When you are arrested for Driving Under the Influence, the officer will usually take away your license if:

• A chemical blood test shows your BAC was above 0.08%.
• You take a blood test, and the results cannot be analyzed immediately.
• You refuse a blood or breath test.

After taking your license, the officer will give you a pink form that serves as both a notice of your suspended license and a 30-day temporary driver’s license. This temporary license allows you to continue driving while you fight your suspension at a hearing with the California DMV. 

A law enforcement officer cannot physically seize a license from an out-of-state driver because the license is technically the property of the state that issued it. “Even if the officer did not take your license, you still cannot drive within California state limits,” warns DMV suspension attorney Peter Liss. Most states will also suspend your driving privileges if they learn you received a DUI in California.

How to Protect Your License After a DUI Arrest

Under California Vehicle Code 13558 (VC)¹, you or your attorney must contact the San Diego DMV within 10 days to contest your suspension. Missing this deadline will result in an automatic suspension of at least four months, beginning 30 days after arrest.

If your DMV hearing is scheduled more than 30 days after your arrest, your DUI defense attorney can request an extension of your temporary license.

What is a DMV Hearing?

A DMV hearing is an administrative proceeding where you or your lawyer can present evidence to fight the mandatory administrative per se license suspension implemented when you have a BAC over 0.08% or the Implied Consent Law suspension implemented after you refused to take a chemical DUI test.

While the hearing is highly technical and does not operate in the same manner as a courtroom trial, it can provide your DUI attorney a unique opportunity to see and challenge the evidence against you before you start fighting the criminal case. “In many ways, the license suspension hearing can work as a practice trial for you and your attorney,” says Liss, “allowing you to better prepare for the official court date.”

How the DMV Hearing Differs from Court

The DMV hearing is not part of your criminal case and only affects your license status. It does not impact criminal proceedings or determine jail time, fines, or criminal guilt. Beyond that, Liss explains, “DMV hearings are optional and only available by request within 10 days of the arrest date.”

Because the hearing happens early, it can give your attorney a valuable opportunity to challenge evidence and prepare your DUI defense.

How to Request a DMV Hearing

Your attorney can file a request for a hearing on your behalf, but since you only have 10 days to request one, many people need to contact the DMV themselves because they have not yet chosen a lawyer. To request a hearing, you can call the DMV Driver’s Safety Office at (833) 543-7703, or you can file a request on the DMV website.

Please note that the San Diego DMV Driver’s Safety Office on Frazee Road is permanently closed for hearings and all other matters. Do not attempt to schedule an appointment or perform any other in-person services at this location.

“If the 10-day window for requesting a hearing has not yet passed, I can schedule it on your behalf,” assures Liss. Call now to protect your license and discuss your best legal options.

What Happens at a North County DMV Hearing for DUI

California Department of Motor Vehicles hearings are overseen by a Driver Safety Officer, an employee of the DMV who is not a lawyer or judge. The DMV hearings are highly technical and complex, but you can win and keep your license if your attorney can show the state cannot show a “preponderance” of evidence that you were either driving under the influence of alcohol or that you refused to take a chemical DUI test.

The Driver Safety Officer will decide whether there is a “preponderance” of evidence that you were either driving under the influence of alcohol or that you refused to take a chemical DUI test.

It may be several days or even weeks before the Driver Safety Officer rules on your suspension. A decision against you can be “appealed” to the DMV in Sacramento or the Superior Court by filing a writ, although there must be solid legal grounds in your favor for a writ to change the outcome.

How a DUI Lawyer Can Help You Keep Your License After a DUI

Administrative Per Se hearings are very technical, often involving questions of procedural or bureaucratic error. An experienced DMV suspension attorney is essential to presenting your best possible defenses, which may include showing:

• The officer illegally stopped you without reasonable suspicion that you were driving under the influence of alcohol.
• Your rights were violated during the arrest.
• You did not have a BAC above 0.08%, which could involve showing that the DUI chemical test was performed improperly.
• The officer failed to provide the necessary Implied Consent warning about the consequences of refusing to take a chemical test, if you are accused of violating the Implied Consent law.
• You did not refuse to take a chemical test, if you are accused of violating the implied consent law.

To support your defense and help you protect your license after a DUI, your lawyer may:

• Share your side of the story.
• Provide evidence on your behalf.
• Challenge the evidence against you.
• Find weaknesses in the officer’s testimony.

“Winning a DMV hearing in San Diego is nearly impossible without the help of an attorney who knows how to win these cases,” warns Liss. Do not attempt to represent yourself.

Visit our DUI defenses page to learn more about the strategies an attorney may use for both your San Diego DMV hearing and criminal case.

Possible DMV Hearing Outcomes

The DMV hearing ultimately has only two possible outcomes: either you avoid the administrative license suspension and keep your license for the time being, or you do not. Even if the immediate DMV suspension is avoided, your license may still be suspended following a criminal conviction.

If You Win the DMV Hearing

The DMV will dismiss your license suspension. “Your attorney may use your success as leverage when negotiating with the prosecutor to drop or reduce the charges,” notes Liss.

If the case moves forward, your license may still be suspended if you are convicted.

If You Lose the DMV Hearing

When the DMV keeps the suspension in effect, you will lose your license for a minimum of four months, though the suspension may be longer based on your criminal and driving record. Even if you lose at the license suspension hearing, your lawyer may have gained valuable knowledge about the case that could strengthen your defense in the criminal case.

If You Lose the DMV Hearing but Win at the Criminal Trial

If the charges against you are dropped, reduced, or you are acquitted of the charges, it will not directly affect your license suspension with the DMV. “However, I have often used successful case results to help secure the return of my client’s driving privileges,” says Liss.

How Long are License Suspensions for Those Who Lose Their DMV Hearings?

The length of your suspension will be based on your specific situation. Most first-time offenders are subject to a four-month DMV suspension that runs concurrently with the six-month suspension imposed on those convicted in criminal court. In other words, you will lose your license for a total of six months if you are convicted in court.

Longer suspensions apply in cases where the driver already had a previous DUI conviction or refused the blood or breath test, specifically:

License Suspension Consequences

In a car-centric area like North County San Diego, losing your license is more than an inconvenience. A DUI-related suspension can make it difficult to commute to work, attend school, or meet court and DMV obligations. Seeking immediate legal help is critical for preserving your driving privileges without interruption.

The good news is that many drivers can obtain a restricted license almost immediately after their license is suspended if they agree to install an ignition interlock device, obtain SR-22 high-risk insurance, enroll in a DUI class, and pay a reinstatement fee.

If you win your DMV hearing after a DUI arrest, you may avoid a license suspension in the first place. An administrative per se defense lawyer like Peter Liss can help you protect your driving privileges.

Find out more about restricted licenses here.

How a Vista DMV Lawyer Can Help You

If you have been arrested for drunk driving, the California DMV license suspension hearing is the first step in your fight against these serious charges. The administrative per se hearing doesn’t just give you a chance to keep your license after a DUI, but can also help your lawyer develop a winning defense strategy to challenge your criminal charges. A lawyer can even represent you at the DMV hearing if you cannot attend due to work or other commitments. In most misdemeanor cases, attorney Peter Liss can also attend the criminal hearings in your place.

When you are facing a license suspension after a DUI, call (760) 643-4050 to schedule a free initial consultation with DMV hearing attorney Peter Liss.