DMV Hearing

Alameda County DUI Lawyer

10 Day Rule

After you are arrested for driving under the influence, the police officer will confiscate your driver's license and issue a temporary driving permit that is good for 30 days. Immediately following your release from police custody, it's important to schedule a hearing with the California Department of Motor Vehicles Driver Safety Office. It's imperative that you schedule this hearing in a timely fashion as you only have 10 DAYS from the date of your arrest to do so. If you do not schedule your DMV hearing within 10 days, your driver's license will automatically be suspended for up to one year.

What is the DMV Hearing?

There are two aspects to every DUI case: the DMV hearing and the criminalcase. The DMV hearing is an administrative hearing to determine whether your driving privileges will remain suspended or be reinstated. This is the sole purpose of the DMV hearing. At no point during the DMV hearing will the issue of whether you are "guilty" or "not guilty" be addressed. That is to be determined during the criminal court process.

At the Hearing

The DMV hearing gives you and your attorney the opportunity to challenge the suspension of your driver's license. The hearing takes place before a DMV officer who will act as the judge. At the hearing, your attorney can present evidence in your favor, and challenge the evidence collected and submitted by arresting officer.

The DMV officer is then responsible for weighing your argument against the evidence and testimony of the arresting officer. Upon conclusion of your hearing, the DMV officer will make a final ruling to either reinstate your driver's license or continue the suspension. If you do not win at the DMV hearing, your license will most likely be suspended for four months for a first-time DUI, and up to three years for a second, third, or fourth DUI.

Contact Alameda DUI Attorney Robert Tayac

If you have been arrested for a DUI in Alameda County, you should contact an experienced DUI attorney as soon as you are released from custody. A skilled attorney can ensure you schedule your hearing within the 10 days following your arrest, and can also provide you with advice, guidance, and representation at each stage of your DUI case.

Alameda County DUI lawyer Robert Tayac has over 20 years of experience handling DUI cases in the Bay Area, and is more than qualified to assist you with all of your legal matter. Mr. Tayac is committed to providing his clients with high-quality legal representation, and aggressively fighting their DUI charges at both the DMV hearing and in criminal court. Mr. Tayac's main priority is protecting his clients' best interest, and clearing their names of all criminal charges.