When a person is arrested for driving under the influence in California, they are given a notice to appear. The notice to appear will have the scheduled court date and time that the person must make the mandatory appearance. In addition to a mandatory court appearance, the driver also appears before an officer during a DMV hearing. The DMV hearing is not automatically scheduled, it must be called and set by the person charged. There are specific timelines within which the DMV hearing should be scheduled, or the person will lose their right to have their side heard before driving privileges are suspended or revoked.

Are there any timelines I should be aware of?

A DMV hearing must be scheduled within ten (10) days of the date of arrest. Weekends are counted within the ten days, therefore a person must include Saturdays and Sundays when they count the ten (10) days from the date of arrest.

What will happen during the DMV hearing?

During a DMV hearing, an officer will discuss with the driver the report of what happened during the night of the arrest. The officer will also review the driver's criminal and driving record and make a determination in regards to driving privileges. There is a set period of time during which a first time offenders driver's license will be suspended. However, there is room for leniency and negotiation. A Los Angeles DUI attorney can represent clients in a DMV hearing and prepare an argument to help reduce the period of time a license is suspended. An attorney can also prepare defenses that will persuade the officer to offer a restricted license that allows the driver to drive to and from work, school, or other obligations.

Are my Criminal Court appearances the same as my DMV hearing?

The case pending before the criminal court is completely separate from the DMV hearing. The judgment of one proceeding will not influence the other, nor will it be taken into consideration. Additionally, the DMV will issue its own penalty or sentence in regards to driving privileges and the criminal court will issue a penalty in terms of a fine, community service, or jail time.