DUI driver license suspension issue

DUI driver license suspension issue

Question:  My DUI attorney has requested an administrative hearing with the DMV for my first offense dui arrest a few days ago. In addition, a court date has been set for later this month.

I have been under the impression that my license won’t be suspended until after the DMV hearing but I’m not so sure what will happen at the court date.  It is scheduled only 25 days after my arrest and apparently before my yet unscheduled DMV Hearing.

Will my license be suspended then at the court date even if it’s before my DMV hearing?

What is the usual or probable occurrence in this situation? Thanks.

License Suspended based on a DUI?

Answer:  I obviously cannot say what your attorney did, but can give you the general protocol for what I do for my clients in regards to the DMV when retained to handle their DUI case. Assuming I was retained within 10 days from the arrest, I contact the DMV to request a hearing, and get what is called a “stay” on the suspension of the driver’s license. I then have the DMV issue a new temporary license that is valid until the Outcome of the DMV hearing, or unless there is a criminal conviction for a DUI, in which case there is a suspension based on the DUI conviction that overrides the DMV issued temporary license.

I then notify my clients that if they did not get the new temporary license within 3 weeks after the arrest date, to contact me so I can chase down the DMV to make sure everything is timely processed.

Aside from unusual circumstances, your license will not be suspended at the arraignment (ie. first court date) unless you enter a plea to the DUI charge.

Also, keep in mind that if your driver license is suspended for a reason other than the DUI arrest, the temporary license issued by the DMV will not be valid.

I would recommend you contact your attorney to see exactly where you stand with everything and to answer any questions. He or she is in the best position to inform you what they did or did not do for you.  Best of luck with your case.

Also, in the event you are having communication issues with your attorney, or do not feel comfortable with him or her for whatever reason, feel free to contact me in the event you wish to replace your attorney.

Sincerely,

Phil Hache
DUI Lawyer

Los Angeles and Surrounding counties