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DMV Process

Your Vista DMV Hearing: What You Should Know

Your Vista DUI arrest triggers two separate proceedings: the criminal case which is handled by the courts in the county of your arrest, and the DMV hearing, which is handled by the Department of Motor vehicles. While the criminal proceedings are required, the DMV hearing is not; however, if you do not request a DMV hearing for your DUI suspension, you will automatically lose your driving privileges for a full year – for a first offense. Second and third time offenders may see their suspension times increase up to 3 years depending upon the circumstances surrounding the case.

Many first time DUI offenders in California do not even realize that there is a separate hearing at the DMV, nor its significance. With only 10 days to request a hearing or face suspension with no eligibility for a restricted license, if you have been charged with DUI you do not have much time to act if you want to preserve your driving privileges.

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Preserving Your Driving Privileges

Time is not on your side when it comes to your DMV hearing. The 30 day temporary driving permit you receive in the place of your license cannot be renewed or reinstated – the DMV must be contacted within 10 days to request a hearing for your license suspension. Your best option is to contact a qualified attorney who specializes in California DUI law as soon as possible.

A professional Vista DUI attorney will be able to file the request with the DMV, as well as appear at the hearing in your place. Additionally, if your DMV hearing does not take place before your temporary permit expires, in many cases a skilled Vista DUI lawyer will be able get the DMV to issue you a temporary permit until your actual hearing occurs.

The DMV Hearing

At the DMV hearing, the evidence against you is presented by a DMV official. This same official will decide whether or not to suspend your license based upon the available evidence and any testimony given. Because this is not a court hearing, but instead an administrative or ‘admin per se’ hearing, the DMV official gets to act as both prosecution and judge in your case.

There are complex laws and regulations governing this type of hearing – only a California lawyer with legal expertise in the field of DUI can competently handle a DMV case. By hiring a Vista DUI attorney as soon as possible, you can rest assured that your case will be handled professionally, that all evidence will be examined thoroughly, and every opportunity will be taken to help you retain your driver’s license.

After the Hearing: Steps You Should Take

If your license is returned, you may resume driving as you are normally accustomed to, without any restrictions. However, if you are issued a provisional or restricted license, you will need to satisfy certain requirements. Some of these requirements may include:

  • Attending and successfully completing a DUI class for a specified length of time
  • Having an ignition interlock device installed on any vehicle you operate
  • Driving only to designated locations and/or during designated hours

If you are issued a provisional license, you must drive according to the provisions given at all times. If your license is suspended, you should not continue to drive – driving without a license is not a simple infraction, but a misdemeanor which involves new penalties and charges. Additionally, driving without a license after being charged with a DUI in California can impact your DUI case as well.

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