Once a driver has been arrested for DUI and booked at the police station, they will be served with a DMV Notice of Suspension. This suspension will take effect in 30 days — unless an administrative hearing is requested (see below).
Accompanying the suspension will be a DMV form called an “Officer’s Statement – Admin Per Se,” completed by the arresting officer and setting forth the facts of the case relevant to the suspension. The officer signs this document under oath and it is forwarded to the department directly.
The arrestee then has 10 days to request a license suspension hearing by contacting a local DMV office of Driver Safety. It is vital that a hearing is requested within this rigid 10-day window, or the right to a hearing is permanently lost, and the suspension will automatically take effect 30 days from the date of arrest.
Vehicle Code § 13558(d) and (e) provide that your DUI attorney can obtain a stay of the suspension if the request for a hearing was made within ten days of the notice or if the requested hearing cannot be scheduled before the thirty-day temporary license expires. Note: The hearing is completely independent from the criminal court proceedings; winning one proceeding and losing the other is not uncommon.
Before the hearing is held, the DMV will conduct an internal administrative review on the case to ensure that the evidence complies with the requirements for an administrative suspension. Once this review is complete and the driver’s attorney makes the demand for a hearing, a hearing date is set.
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2nd Offense DUI At High Speed
Ventura - 1-year jail, fine, loss of license.
Los Angeles - 6 months jail, fine, license suspension
Reduced to Exhibition of Speed (fine)
DUI & Hit-And-Run (.30%)
Vista - 1-year jail, fine, license suspension.
DUI Dismissed, Plea to Hit-and-Run (Fine)
Drunk Driving w/ Drugs
Glendale - 6 months jail, fine, license suspension.
Felony DUI w/ Injury
Rancho Cucamonga - 18 months prison, loss of license.
Reduced to Misdemeanor DUI (fine, no jail)