WHY SHOULD SOMEONE ARRESTED FOR DRIVING UNDER THE INFLUENCE REQUEST A HEARING FROM THE DMV?

 Posted on April 16, 2025 in DUI

In short, because at the very least it puts the timing of the suspension in your hands and you do not know your chances at a DMV hearing until you get the reports.

When arrested for a DUI you usually have your license confiscated and you are given a pink temporary license that is valid for 30 days. If you do not call DMV within 10 days to request a hearing you will be automatically suspended – even without a hearing. The DMV runs on a "presumed guilty" protocol.

This DMV process is in addition to, and separate from, the court process. Many people think that they are in America thus presumed innocent, that they have a court date and they will be able to address license issues in court. Despite being in the land of the free, DMV is allowed to run their "presumed guilty" scheme. If you do not call to set up a DMV hearing, you will be automatically suspended. It is smart to request that hearing – they will place a hold on the suspension, thus allowing you to drive after 30 days and until the outcome of the hearing. They will send you the reports – this often takes 4-6 weeks – and at that point you can evaluate whether to go through with the hearing. You can always decide to cancel the hearing. You can’t, however, wait to see the reports and then request a DMV hearing. It will be too late. The correct number to request a DMV hearing: 833-543-7703.

If you are in doubt as to whether to request a DMV hearing, call a local, experienced attorney and discuss the issue – just don’t wait until the 10 days have passed. Most of us will talk to you for free and will explain why it is almost always wise to request that hearing. You can reach me at 831-426-5800 or through our online contact form.