The DMV Hearing

The most important things you should know about the DMV consequences of your Southern California Drunk Driving, DUI or DWI case.

If you have been arrested for DUI within the last 10 days, you must act quickly to attempt to save your license from suspension from the DMV. The Law Offices of Hoffman and Associates have been helping individuals charged with drunk driving crimes for over 10 years. Mr. Hoffman has defended thousands of adults and juveniles charged with DUI, license suspension, drunk driving and driving while intoxicated crimes. Joel Hoffman has established professional relationships with Judges and District Attorneys throughout Los Angeles, Orange and Riverside Counties.

Important: THE DMV REQUIRES THAT YOU ACT WITHIN ONLY TEN DAYS (not business days) from the date of your arrest to protect your driving privileges.

If you are arrested in California for drunk driving or DUI, you must act quickly. While your arraignment in the criminal court may not be held immediately, under a law enacted by the legislature and signed into law by the Governor as a stronger deterrent to drunk driving, (and known as the ADMIN PER SE Immediate Driver License Suspension program), you must act to save your license with the DMV by requesting both a hearing, AND a stay or hold on your license suspension pending the outcome of the hearing.

The Hearing

When you are arrested for DUI, the police will give you a “notice of suspension” at the time of your arrest. This means that the Department of Motor Vehicles will automatically suspend your driving privileges 30 days from the date of the notice UNLESS you schedule a DMV hearing within 10 days and request that the suspension be stayed.

You probably were given a pink notice of suspension/temporary driver’s license (Form DS-367) at the time of your arrest or release from jail. The DMV wants to suspend your driver’s license for anywhere from 4 months (first offense with blood alcohol over 0.08%) to 3 years (third or more offense with chemical test refusal) as a result of your drunk driving arrest. This is an entirely separate proceeding from your criminal prosecution. A public defender will not handle a DMV hearing for you. The DMV has the ultimate jurisdiction over your driving privilege.

The Penalties

Unlike other criminal matters, a DUI matter can be tried twice; once by the DMV and again in the courts. The penalties imposed by the DMV are in addition to any penalties that may be imposed in a court of law. Your first line of defense is to obtain a “stay” from the DMV but, in the event that this doesn’t happen, you may suffer the following penalties according to the California vehicle code:

First Offense: If you submitted to a BAC chemical test and you recorded a BAC level of 0.08 or more, the DMV can suspend your drivers’ license for 4 months. If you did not submit to a chemical test, your driving privileges can be suspended for one year. If this is your first offense, you may be able to obtain a restricted license, which means that you can drive to and from work or school providing that you do not drive under any other circumstances, if you did not refuse to take a chemical test.

Second Offense: A previous DUI conviction will remain on your record for 7 years. If you submitted to a chemical test that recorded a BAC of more than 0.08, your license will be revoked for one year. If you refused the chemical test, your license will be revoked for two years.

Third Offense: If you are proven to have committed a third DUI offense within 7 years your license will be revoked for two years. If you refuse a chemical test, your license will be revoked for three years.

Fourth Offense: This becomes a felony and your driving privileges are revoked for four years.

Aggravating Circumstances: Aggravating circumstances are other contributing factors, when combined with the DUI charge will increase the severity of your punishment. For example:
” Driving more than 20 miles over the posted speed limit
” Driving with a BAC of more than 0.20
” Causing injury
” Driving with an occupant under the age of 14

Your driving privilege is much too important to you, your family, and your livelihood. It is your responsibility and your right to demand a DMV hearing.

Always seek representation from a DUI attorney and never attempt to defend yourself against the DMV. If you have not already contacted an experienced DUI attorney, make sure you do so without delay. The Law Offices of Hoffman and Associates will guide you through the process and make sure that your rights are protected. Even though you may feel that the evidence is stacked against you, an experienced attorney will be able to dispute many things that you may not be aware of. Never volunteer additional information to the DMV. Mr. Hoffman has the expertise needed to deal with the DMV and is passionate about defending his client’s rights.


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Long Beach, CA 90802
Phone: (562) 628-5541
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Temecula, CA 92590
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Irvine, CA 92618
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