For most of us, losing our driver’s license would be more than an inconvenience. It would interfere with our ability to earn a living and care for our families.
Unfortunately, the majority of people arrested for DUI in California assume that the fate of their driver’s license depends on the outcome of their criminal trial. Not so. In California, there is a separate hearing: the DMV hearing.
What’s worse, nearly everyone also assumes that the DMV hearing will be set up by the DMV, just as the date of their trial will be set by the judge. Again, not so. Here’s the truth:
IF YOU DON’T REQUEST A DMV HEARING WITHIN THE FIRST 10 DAYS AFTER YOUR ARRAIGNMENT, YOUR DRIVER’S LICENSE WILL BE AUTOMATICALLY SUSPENDED AFTER 30 DAYS.
The reason more people don’t know this crucial fact about DUI law in California is that it’s buried in the fine print of the temporary license that people receive at their arraignment (their first court appearance). From the government’s perspective, it’s a sneaky but effective way of simplifying the job of the DMV and suspending more licenses, regardless of guilt or extenuating circumstances. It’s unfortunate that the DUI Guilt Myth—according to which everyone suspected of DUI is guilty—is subtly built into DUI law itself.
For more information on the DMV hearing and the DUI Guilt Myth, we urge you to read the ebook available on this site: DUI/DWI Arrest Survival Guide—The Guilt Myth.
Above all, we urge you to find a qualified DUI attorney who will fight for your rights.
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