After you are cited for a DUI, two separate and simultaneous official proceedings begin, one through the California Department of Motor Vehicles (DMV) which is called a DMV hearing and one through the court. The DMV hearing is an administrative hearing and determines whether or not your driver’s license should be suspended or revoked.
Important: You have ten days from the time you received the notice to request a DMV hearing and halt that suspension.
When you are cited for a DUI, usually the officer will take your driver’s license and provide you with a pink piece of paper – which is your temporary license. This temporary license is valid for 30 days. If you request a DMV hearing, that 30 days will be extended until after the DMV hearing occurs and the decision is made. If you do not request a DMV hearing, your license will be automatically suspended after the 30 day temporary license expires.
- were you lawfully placed under arrest?
- did the law enforcement officer have probable cause?
- was your BAC above the .08% legal limit?
- and others