Setting Up a DMV Hearing
Consult with a Bakersfield DUI Lawyer – Call (661) 735-1038
The first step in the process of defending a
driving under the influence (DUI) charge is to set up a hearing with the DMV to appeal the suspension of
your license. When a person is arrested for DUI, the arresting officer
will confiscate their license and send it to the California DMV in exchange
for a 30-day temporary license. When this time period expires, a person’s
license will be automatically suspended unless a DMV hearing is requested
within 10 days of their arrest. If you have been arrested for DUI, our
Bakersfield DUI attorneys can help you schedule a hearing and advocate
for a reinstatement of your license.
Tell us about your situation in further detail during a free, no-obligation consultation.
What Happens at a DMV License Suspension Hearing?
If you request a
DMV hearing within 10 days of your arrest, your
license suspension will be delayed until a decision is reached at your hearing. Your license
will not be suspended if you prevail at your hearing. It is important
to remember, however, that a separate license suspension can still occur
if you are later convicted of DUI in court.
You will be asked three questions at your DMV hearing:
1.Did the officer have reason to believe you were intoxicated?
2.Were you arrested in a lawful manner?
3.Did you have a blood alcohol concentration (BAC) of 0.08% or higher?
While this hearing is separate from your court case, you may still be represented
by an attorney. DMV hearings can be either in-person or over the phone.
Public defenders will not represent you during this hearing, though a
private attorney can appear on your behalf. Our lawyers can greatly improve
your chances of winning your hearing, saving your driving privileges in
This DMV hearing can also be an invaluable opportunity to begin preparing
your defense in court. Our attorneys can subpoena and cross-examine your
arresting officer and search for potential flaws in the prosecution’s
claims. A record of the officer’s testimony can be important later
on when advocating for a reduction or dismissal of your charges.
How Do I Set Up a Hearing?
To schedule a hearing, you or your attorney may do so by calling the Bakersfield
Driver Safety Office by phone at (661) 833-2103. A representative will
request your full name, driver’s license number, date of birth,
and correct mailing address. If you fail to attend your scheduled date,
the DMV will proceed with its case against you and will suspend your license.
What Happens if I Lose My DMV Hearing?
If you lose your DMV hearing, your license will be suspended for anywhere
between four months to three years’ time. The length of your suspension
will be influenced by several factors, including your history of DUI offenses
and whether or not you refused a chemical test at the time of your arrest.
Hard-Hitting DUI Defense in Bakersfield, CA
If you have been arrested for DUI, it is vital that you contact a
criminal defense lawyer from Campbell Whitten as soon as possible to schedule your DMV
hearing and maximize your chances of preserving your right to drive. Our
firm has handled thousands of DUI cases and can provide the knowledgeable
advocacy you need to help you get through this difficult time. Unlike
other firms who hand their clients’ cases off to a single attorney
or paralegal, our entire team of skilled legal professionals has a hand
in representing each individual case, giving our clients the resources
they need to greatly improve their chances of securing desirable outcome
for their situation.
The time to act is now – contact our office online
today to get started.