A DUI charge in California carries serious consequences, including the suspension of your driver's license. For many people, losing their driving privileges can impact their ability to work, run daily errands, and fulfill family responsibilities. However, drivers have the right to contest a license suspension through the California Department of Motor Vehicles (DMV) administrative hearing process.
If you have been charged with DUI and are facing license suspension, understanding your legal options can help you protect your rights. This article explains how to challenge a license suspension, the DMV hearing process, and what steps to take if you need a restricted license to continue driving.
Requesting a DMV Hearing to Challenge a License Suspension
In California, contesting a DUI-related license suspension begins with requesting a DMV administrative hearing. Under Section 13558, a driver has the right to challenge a suspension by requesting a hearing.
Timeframe for Requesting a Hearing
- A driver must request a hearing within 10 days of receiving the suspension notice.
- If a request is not made within 10 days, the DMV will proceed with the suspension automatically.
Purpose of the DMV Hearing
The hearing is not a criminal trial but rather an administrative process to determine whether the suspension is legally justified. The DMV must prove the following:
- The arresting officer had reasonable cause to believe the driver was under the influence.
- The driver was lawfully arrested for DUI.
- The driver's blood alcohol content (BAC) was 0.08% or higher.
A DUI attorney near me can challenge the DMV's evidence and present defenses on the driver's behalf.
What Happens at a DMV Administrative Hearing?
Once a driver requests a hearing, the DMV will schedule an administrative review. This process typically involves:
- Reviewing police reports and chemical test results
- Examining the legality of the traffic stop and arrest
- Hearing testimony from the arresting officer (if available)
- Allowing the driver or their lawyer to present evidence and witnesses
Common Defenses in a DMV Hearing
A DUI defense lawyer near me may use various arguments to contest the suspension, including:
- Lack of probable cause: If the police had no legal reason to stop the driver, the case may be dismissed.
- Faulty BAC test results: Breathalyzers must be properly calibrated and maintained, and blood tests must be handled correctly.
- Officer procedural errors: If the arresting officer failed to follow proper procedures, the evidence may be invalid.
If the DMV fails to meet its burden of proof, the suspension can be overturned, and the driver's license reinstated.
Judicial Review: Appealing a DMV Decision
If the DMV upholds the license suspension, the driver can seek judicial review under Section 13559. This means filing an appeal in court within 30 days of receiving the DMV's decision.
What Happens in Judicial Review?
- The court reviews the DMV hearing record but does not consider new evidence.
- A judge determines if the DMV made a legal error in the decision.
- If the judge rules in favor of the driver, the suspension may be reversed.
A lawyer for DUI near me can guide a driver through this appeal process and help argue for reinstatement.
License Reinstatement After Acquittal or Dismissal of DUI Charges
If a driver is acquitted of DUI charges or if the case is dismissed due to lack of evidence, they have the right to request an administrative hearing to reinstate their license.
Under Section 13353.2, the DMV must reinstate the license if the suspension was based solely on the DUI charge and the driver was not convicted.
Steps to Request License Reinstatement
- Provide proof of acquittal or case dismissal.
- Submit a formal request to the DMV.
- Attend a hearing if required.
Having a DUI attorney handle this process increases the chances of a successful reinstatement.
Applying for a Restricted License After a DUI Suspension
If the suspension is upheld, some drivers may qualify for a restricted driver's license, allowing them to drive under certain conditions.
Eligibility for a Restricted License
Under Section 13352, a driver may apply for a restricted license if they:
- Enroll in a state-approved DUI program.
- Provide proof of financial responsibility (SR-22 insurance).
- Install an ignition interlock device (IID), if required.
A DUI defense lawyer near me can help drivers navigate the application process and ensure compliance with the DMV's conditions.
Consequences of Failing to Comply with DUI Program Requirements
If a driver fails to complete the DUI program or violates the terms of the restricted license, the DMV will terminate the restricted license and reinstate the full suspension.
Under Section 13352.5, the DMV may impose further DUI penalties, including:
- Additional suspension periods
- Fines and increased insurance costs
- Ineligibility for future restricted licenses
When looking for the best DUI lawyer near me make sure they ensure compliance with program requirements and advise on reinstatement options if issues arise.
Why You Need a DUI Attorney to Contest a License Suspension
Facing a license suspension can be overwhelming, but a DUI attorney near me can provide valuable legal representation by:
- Requesting and preparing for the DMV hearing
- Challenging the evidence against you
- Presenting a strong defense based on legal errors or procedural mistakes
- Negotiating for a restricted license if necessary
- Representing you in judicial review if an appeal is needed
A DUI lawyer near me increases the chances of getting your license back and reducing the long-term impact of a DUI charge.
Final Thoughts
If you are facing a DUI-related license suspension in California, you have the right to contest the suspension through a DMV administrative hearing.
By working with a DUI defense lawyer, you can challenge the validity of the suspension, seek judicial review if necessary, and explore restricted license options to maintain your ability to drive legally according to California's 2025 DUI Law.
Do not wait to take action. If you have been arrested for DUI and are facing a license suspension, contact a DUI attorney immediately for legal guidance.