Drunk Driving Defense, DUI Arrest - FAQs
11. The officer issued me a notice of suspension and took my license after my breath test. Aren’t I assumed innocent first?
We agree that this event is unfair, but that is standard procedure in the state of California. The state gives the officer the authority to revoke the suspect’s license if there is a valid reason to believe the results of the chemical test.
It is extremely important for the suspect, or preferably his attorney, call the DMV to schedule a hearing regarding the suspended license. This phone call must be made within 10 days of the arrest or the suspect’s right to hold a hearing will be forfeited. An extension of the suspect’s temporary license should also be requested since the hearing is scheduled after the original expires.



