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Home | Defenses for DUI | DMV 10 Day Rule

DUI DMV 10 Day Rule

Orange County DMV Defense Lawyer

When you are charged with a DUI for suspicion of driving under the influence (DUI) in Orange County, California the arresting officer will give you a notice of suspension or revocation of your California driver’s license. You must schedule a Driver Safety Administrative hearing with the Department of Motor Vehicleswithin 10 calendar days of your arrest or your driver’s license will automatically be suspended after 30 days.

When you are charged with a DUI, the officer who arrests you will take your driver’s license and issue you a temporary one. This license is good for 30 days. At the end of this 30 day period, your license will be suspended for approximately 5 months. You are also issued a pink sheet of paper.  When you try to read this pink sheet you may not understand it (as many lawyers do not understand the content on it) – however, upon close analysis, it explains that you may call the Department of Motor Vehicles within 10 days of receiving your DUI and request a hearing on your DUI. When this step is taken, the DMV will set a date for a DMV hearing. You are allowed access to a copy of your police report and to have your suspension stayed until the results of your DMV hearing have been finalized. This means you are allowed to keep your driver’s license longer and it gives you a chance to fight your license suspension.

This is where our law firm can assist you. When you call and / or meet with us, we will call the Department of Motor Vehicles for you, give them your driver’s license number and set up a DMV hearing. We are able to obtain your police reports before the hearing. This gives us an advantage while we are working on your case. Additionally, we can prepare a DMV defense, which gives us a chance to keep your license from being suspended. In any event, if your license does end up being suspended, we can have a plan for determining when your license will be suspended.

For example, we have represented a client who was a Chairman of one of the Rose Bowl Parades, who received a DUI in October. Because he absolutely needed his license through the first month of the year, we were able to negotiate a DMV hearing date, which allowed him to keep his license through the first month of the New Year. Our ability to control the time that his license was actually taken from him was critical to him, the parade and his livelihood.

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