In California you must request a hearing within ten days of your arrest and service of the DS 367 or DSM 367 to challenge the automatic suspension. If you miss the deadline, your license will be suspended automatically.

Click here to learn more about your administrative per se hearing.

Your attorney will request a hearing to avoid having DMV suspend your license automatically and may delay the suspension or get it set aside. The administrative hearing at DMV is separate from the criminal case and should be coordinated by your attorney.

Attend court and satisfy DMV requirements. If you fail to appear in court or meet the deadlines set by the DMV, you will face additional penalties and jail time for failing to follow California’s laws and may face arrest for a warrant for failing to show up in court. Your attorney will appear for you or have you appear when you are required to be there in person.

Hire competent counsel. Many people believe that there’s no chance to overcome a DUI. This is a serious mistake. When you hire an experienced attorney, your DUI outcome will be better than if you fight it on your own or hire an inexperienced attorney who is not familiar with DUI issues and laws. Ask an experienced DUI attorney to look at the facts of your case and give you an opinion about how to proceed. There may be search and seizure issues (Fourth Amendment) or other issues (failing to follow legally required procedures in breath, blood or urine testing) in your DUI investigation. An experienced attorney will know what is legally required so that these issues will be addressed.

Fail to Understand the consequences of a conviction. Jail time, license suspension, employment impacts, fines, increases and difficulty in getting car insurance and other consequences are impacts from a DUI conviction to be addressed with the assistance of experienced counsel. Protect your constitutional rights with an attorney who understands these consequences.

Reserve giving the investigating officer extra statements during a DUI investigation. Incriminating statements can’t be taken back. Remember your constitutional right to remain silent and not offer up too much detail when you are being investigated during a traffic encounter and to limit your responses to questioning accordingly. Being reserved serves a purpose. It is helpful to avoid saying anything incriminating and harming your case. Camera footage will likely exist from the interaction for your attorney to review to make sure your rights were not infringed.

Obey any DMV suspension. If you choose to drive after your license has been revoked or suspended and you are arrested or cited again, you will likely face additional penalties, fines and charges in court. It is important to follow the DMV administrative process closely and obey the rules once your license has been revoked or suspended after a DUI arrest.

Attend and complete court ordered programs. Depending on how high your blood alcohol level was and whether you have prior offenses for DUI in the last ten years, an alcohol monitoring device may be ordered before you may be released out of custody. Bail may be used to ensure court appearances are kept. If convicted, you will likely be ordered to complete a drinking-driver program and install an approved ignition interlock device before you may legally drive. Other treatment for substance abuse (outpatient, inpatient, meetings or other counseling) may be necessary depending on the facts of your case to mitigate your sentence.

Learn more about the Ignition Interlock Device (IID) and Drinking Driver Programs.

Know your rights before you refuse to take a test. Immediate license suspension and being sentenced to more jail time will likely result if you refuse to submit to a test in California under implied consent laws. When you fail to submit to breath, blood or urine test following a lawful arrest, a first refusal leads to a year suspension, and a second refusal leads to a two-year suspension and a third refusal leads to a three-year suspension. The arresting officer must advise you about your choices, including license consequences in the event you wish to refuse to take a breath, blood or urine test following arrest.