Northern California DUI Attorneys Learn Why Our Dedicated DUI and Criminal Lawyers Are Right for You

Northern California DMV Hearing Lawyer

We can fight to preserve your license!

If you are arrested for DUI, you may face license suspension. While this is a penalty for the crime, it is not issued by the criminal courts. Instead, the license suspension is issued by the Department of Motor Vehicles (DMV). You will have to attend a hearing with the DMV concerning your license suspension that is separate from your criminal case hearing.

Regardless of what happens in your criminal trial, the DMV will probably attempt to suspend your license for 4 months when your 30-day temporary license expires. Normally, we can help clients obtain a restricted non-commercial license so they can commute to work. If you had a commercial driver's license, chances are that you will lose your driving privileges for your commercial vehicle for one year.

DMV License Suspension Time Limits

  • Convicted of DUI: 6 Month License Suspension
  • Blood Alcohol Test Refusal: 10 Month License Suspension
  • DUI with Injury: 1 Year License Suspension

About DMV Administrative Hearings

At your DMV hearing, the panel will not discuss whether you are innocent or guilty of your crime. Your guilt or innocence will be determined at your criminal trial, which will take place in a state courthouse. The DMV trial will probably take place at your local DMV. It is highly recommended that you bring an attorney along.

At your DMV hearing, the panel will investigate and address the following:

  • Did you take a blood, breath, or urine test? If you did, the test and result will be investigated. The DMV wants to learn if the officer who conducted this test had the right to do so and whether or not you were operating a vehicle at the time that the test was taken.
  • Did you refuse to take a blood, breath, or urine test? If you did, your refusal will probably result in automatic license revocation. Strict laws govern blood and breath test refusals. People who refuse a test when the police officer has reasonable suspicion that the driver was intoxicated will probably have their licenses suspended.

The 10-Day Rule

During your arrest, a police officer is supposed to take your license and hand you a temporary license while your case is sorted out. This license gives you full driving privileges but it will expire 30 days after it is given to you. The very first thing you need to have your attorney help you do is contact the DMV and schedule a hearing.

You must schedule your hearing within 10 days of receiving your temporary license. We may be able to help extend your 30-day license longer than the initial temporary time limit in order to help you get from place to place in the appropriate amount of time.

How Our Criminal Defense Lawyer Can Help Protect You

All DMV license suspensions can be challenged. An experienced attorney from our firm can attend your DMV hearing and argue on your behalf. We may be able to prove that you don't deserve to lose your license or may be able to go back to the DMV after your criminal case is dismissed and request that they reinstate your license.

Don't hesitate to call Ronald Dinan & Associates today if you want more information!