DMV Hearing Consequences

DMV Hearing Consequences

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In California, if you're arrested for DUI, you’ll face not only criminal court proceedings but also a DMV administrative hearing, which deals specifically with your driving privileges. This hearing is critical because, if not contested within 10 days, your license will be automatically suspended after 30 days. The DMV hearing focuses on whether the arrest was lawful, if your BAC was over the legal limit, and whether the officer had probable cause to stop you.

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Consequences of losing at the DMV hearing can include a license suspension lasting from four months to a year for a first-time offense, depending on factors such as BAC level and prior offenses. A longer suspension or revocation can occur for multiple offenses or refusal to take a chemical test. Additionally, you may be eligible for a restricted license, allowing limited driving privileges during the suspension period, but this requires enrolling in DUI education programs and possibly installing an Ignition Interlock Device (IID).

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If you miss the 10-day window to request a hearing, you lose the opportunity to challenge the suspension. It's important to consult a DUI attorney to handle both the DMV hearing and criminal court proceedings to maximize your chances of retaining your license. This administrative process is separate from the criminal court case but can affect your driving status regardless of the criminal case outcome.

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