Once you have been arrested for driving under the influence (DUI) in California, the police would have the right to confiscate your driver's license. They will generally issue a temporary driving permit that will expire within 30 days of your arrest, as this is when the automatic suspension will go into effect. This suspension could last anywhere from three months to one year, regardless of whether or not you are subsequently convicted of DUI. Since license suspensions are considered to be a civil matter, you will need to request a hearing with the Department of Motor Vehicles within 10 days of your arrest if you would like to fight for the reinstatement of your driving privileges.
If you fail to do so within the allotted amount of time, you must forfeit your right to contest the suspension. For this reason, it is highly recommended that you move quickly to discuss your case with a Solano County criminal defense lawyer from Maas and Russo. While the DMV hearing is separate from the criminal trial—meaning that neither will have any impact on the other—both are important aspects of any DUI case. In fact, participating in a DMV hearing may even help you to build a more effective defense against your criminal charges. Since the arresting officer will be required to appear at the civil hearing, your attorney will have the opportunity to cross-examine them.
Regardless of whether or not you are ultimately successful in restoring your driver's license, giving your Solano County DUI lawyer the opportunity to cross-examine the arresting officer before your criminal trial can be extremely beneficial—as this can help them to uncover valuable information about your case and subsequently build a more effective defense. If the officer is unprepared or admits to making a mistake, their testimony can be used to your advantage during the criminal proceedings. For this reason, and the fact that you would have the chance to fight for the reinstatement of your driving privileges, you should not hesitate to schedule a DMV hearing after being arrested for DUI.
To ensure that you are able to schedule a hearing within 10 days of your arrest, it is highly recommended that you get in touch with the Solano County criminal attorneys at our firm as soon as possible. The sooner they are on your case, the better chance you will have at saving your license. That being said, there is no reason why you should wait any longer to take the first step. When you contact Maas and Russo at (800) 483-0992 or submit a free case evaluation form online, our advice won't cost you a thing!