Challenge Your DUI License Suspension Now to Protect Your Driving Privileges Later
You only have ten days after a DUI arrest to request an administrative per se hearing with the DMV. Missing this deadline results in your license being automatically suspended 30 days after your arrest. There is no penalty for not requesting a hearing, but it can give you a leg up on fighting the criminal DUI charges.
If you were arrested for drunk driving or driving under the influence of drugs in Vista or North County San Diego, call attorney Peter Liss now to start fighting your license suspension and protect your driving privileges.
Quick Facts About DMV Hearings After a DUI
- You have ten days to request a hearing.
- Hearings are separate from court cases.
- Winning your hearing will prevent an automatic license suspension.
- Peter Liss can represent you in both DMV and court proceedings.
What Happens to Your License After a DUI?
When you are arrested for drunk driving, 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 the 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 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 ten 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.”
DUI DMV Hearing Timeline for San Diego County
- Day 1: The DUI arrest and license confiscation occur.
- Within 10 Days: You must request your DMV hearing or forfeit your right to contest the suspension.
- 2–4 Weeks: You will receive a hearing date.
- 30 Days: Your temporary license expires unless your attorney requests an extension until your hearing date.
- 1–3 Months: The DMV hearing is held by phone or on Microsoft Teams.
- After the Hearing: The DMV will rule on whether to uphold or set aside your suspension.
How to Request a DMV Hearing
Your attorney can file a request for a hearing on your behalf, but since you only have ten days to request a hearing, 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 ten-day window for requesting a hearing has not yet passed, I can schedule it on your behalf,” assures Liss. Call now to protect your driving privileges and discuss your best legal options.
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 in any way.
The hearing is presided over by a Driver Safety Officer, not a judge or lawyer. While the criminal case can leave you behind bars, facing large fines, subject to a license suspension, and more, the DMV hearing only affects your license suspension. Beyond that, “whereas you will automatically be given a criminal court date,” explains Liss, “DMV hearings are optional and only available by request within ten days of the arrest date.”
| Differences | DMV Hearing | Court Case |
|---|---|---|
| Lead by | Driver Safety Officer | Judge |
| Outcomes | Only affects your license | Can leave you in jail, paying fines, without a license, attending DUI classes, and more |
| Scheduled | Only if you request a hearing in time | After your criminal arraignment |
| Decision Based on | A preponderance of the evidence | Prob beyond a reasonable doubt (a higher standard) |
| Finished Within | 1-3 Months | 3-6 Months |
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 if your attorney can show:
- 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.
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
Administrative Per Se hearings are very technical, often involving questions of procedural or bureaucratic error. An experienced DMV suspension attorney is essential to present your best possible arguments. Your lawyer can:
- 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, or you do not. Even if the immediate DMV suspension is avoided, your license may still be suspended following a criminal suspension.
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 DMV and criminal record. Even if you lose at the license suspension hearing, your lawyer may have gained valuable knowledge about the case that could help 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 suspension from the DMV. If you are found guilty of a first-time DUI in the criminal system, you will face an additional six-month suspension that runs concurrently with the immediate DMV suspension, meaning you will lose your license for six months total.
Longer suspensions apply in cases where the driver already had a previous DUI conviction or refused the blood or breath test, specifically:
| Offense | DMV License Suspension Period |
|---|---|
| First-Time DUI | 4 Months |
| Refusing Blood or Breath Test | 1 Year |
| Second-Time DUI | 1 Year |
| Second-Time DUI After Test Refusal | 2 Years |
| Third-Time DUI | 3 Years |
| Fourth-Time DUI | 4 Years |
| DUI With Injury | 1 Year |
| DUI With Injury After Test Refusal | 2 Years |
| Under 21 DUI | 1 Year |
License Suspension Consequences
DMV license suspensions last anywhere from four months to four years, depending on the offense. In a car-centric area like San Diego County, losing your license is more than an inconvenience. With our mediocre public transportation system, a license suspension can make getting to jobs, doctors’ appointments, and other activities difficult, or even impossible, if you can’t afford an Uber.
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 having to get a restricted license in the first place. A defense lawyer like Peter Liss can represent you at your hearing and help you get your license reinstated or secure a restricted license.
Find out more about restricted licenses here.
How a 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 protect your license, 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 attorney Peter Liss.
Frequently Asked Questions About DMV Hearings in Vista, CA
How Long do I Have to Request a DMV Hearing After a DUI Arrest?
You only have ten days after your arrest to schedule a license suspension hearing at the DMV.
How Can I Get My License Back after a Suspension?
To get your license back after the suspension period has ended, you must: finish your DUI classes, pay a reinstatement fee, file proof you have SR-22 insurance, and complete other court-mandated requirements, which could include finishing your probation and installing an ignition interlock device.
Do I Have to Schedule a DMV Hearing?
The DMV hearing is optional and does not impact your criminal case. However, it is an invaluable opportunity for multiple reasons, so you should always take advantage of it. Aside from allowing you to protect your driving privileges, the DMV hearing is also an early chance to learn about the prosecution’s evidence and challenge it, which could benefit your criminal case.
Will Winning My DMV Hearing Keep Points Off My Driving Record?
No, the DMV hearing does not change whether 2 points will be added to your driving record for your DUI. Unlike a traffic ticket, you cannot have these points removed by attending traffic court. However, if the charges are dropped or you are found not guilty, the points will not be added to your record.
Earning four points in one year will subject you to another license suspension. A Vista lawyer can help you avoid a negligent operator license suspension by scheduling a DMV hearing.
Where are DMV Hearings Held in San Diego?
DMV hearings in Vista, Oceanside, and the rest of San Diego County are held by phone or via Microsoft Teams. If you cannot, or do not wish to, participate in the virtual hearing, a DMV suspension lawyer can attend on your behalf.
What If I Miss My DMV Hearing?
If you were attempting to represent yourself and do not have an attorney, you will lose by default. If the absence was unavoidable, you may be able to request a continuance or reschedule. However, if your lawyer attends the hearing in your place, the hearing will continue without you, and you can still win.
What Happens if you are Caught Driving on a Suspended License After a DUI?
If your license is suspended and you are caught driving, you can be charged with Vehicle Code 14601.1 (VC). On a first conviction after a DUI-related suspension, you can face up to six months in jail and a fine of up to $1,000. You will also be required to install an ignition interlock device in your car. If you had a previous DUI, driving on a suspended license is punishable by a minimum of 30 days to a year in jail.
Legal References
- Vehicle Code 13558 (VC) (California Legislative Information) ↩︎
