In California, when you are charged with driving under the influence(DUI) and have a blood-alcohol level of .08% or greater or refuse to submit to a chemical test, your driver’s license is immediately taken by the arresting officer. The officer will give you a pink sheet that advises you that your license may be suspended within the next thirty days. The officer is required to forward your driver’s license and a copy of a notice of suspension to the Department of Motor Vehicles (DMV) as soon as possible.
Upon the issuing of the notice of suspension, an automatic timing is triggered whereby if you fail to schedule a DMV hearing within ten (10) days of your arrest, your driving privileges will automatically be suspended thirty days later.
Many individuals charged with a DUI miss this 10 day deadline. Be sure that you don’t!
The California DMV hearing is an administrative proceeding and rather than a judge presiding, an employee of the DMV conducts the administrative review. This does not mean that the hearing is easy to get through. This hearing will determine whether or not your driving privileges will be suspended or revoked and it is always best to have a California DUI attorney represent you at the hearing.