DMV Case vs. Court Case
California DUI arrests trigger two separate cases, and if you are concerned with your driving privileges and not having your license suspended, it is crucial to understand this. A California DUI arrest will result in both a court case and a DMV case. A skilled California DUI attorney from The Kavinoky Law Firm can explain each case to you and help you to understand your options.
In the court case, you face a variety of consequences, both direct and indirect. If you are convicted of a DUI offense, these criminal court consequences include a permanent mark on your criminal record, the possibility of jail or prison time, fines, alcohol schools and more. Indirect consequences from a California DUI conviction can include increased auto insurance, problems getting or keeping a professional license, and others. There is usually no question about when the criminal court case gets started – you were either taken to court for arraignment or given a summons to appear on a certain date and time.
The DMV case is different. Unlike the DUI court case, where you were told when and where to appear, it is your responsibility – or your California DUI lawyer’s – to request a DMV hearing. If you’ve been arrested for California DUI, you have just 10 days from the date of your arrest to request a DMV hearing that will give you an opportunity to save your license. If you fail to request a hearing before the deadline, your California driving privileges will be suspended on the 30th day following your DUI arrest.
It is also important to know that DMV hearing requests must be made to the DMV Driver Safety Office (special offices that hold these DMV APS hearings), and not to the DMV field office (the place where you got your driver’s license). If you have any question about when, where, or how to make a DMV hearing request, please call our office right away. Time is of the essence. If a DMV hearing is requested, and that request includes a demand for a stay of suspension pending the outcome of the hearing, that will allow you to keep driving pending the outcome of the hearing.
If your California driver’s license is suspended because you lose your DMV hearing or fail to request one, your driving privileges will remain suspended until you take the proper action to have your license reinstated after the appropriate amount of suspension time passes. The mandatory suspension periods will depend upon whether a chemical test was taken or refused, whether you have prior DUI convictions or administrative actions, and whether you are 21 or older.
Even drivers from states other than California should request the hearing. The Interstate Driver’s License Compact is a system where the Departments of Motor Vehicles (or whatever the licensing agency is called in your state) communicate with each other, and a suspension of your California driving privileges due to a DUI arrest will likely result in a suspension in your home state too.
Our DMV Defense Unit is just one of the unique features of The Kavinoky Law Firm. This team concentrates on winning your DMV hearing and avoiding the consequences to your driving privileges. This group includes a former DMV hearing officer (who worked with the DMV for over a decade), a team of attorneys, and an ABA-certified paralegal.
Please contact us immediately at 1-800-NO-CUFFS to ensure that your driving privileges are protected, and most importantly, so that you can continue to drive legally without interruption.
