What is the point of a DMV hearing if I am charged with a DUI?

Question:  What is the point of a DMV hearing if I am charged with a DUI?  Don’t I lose my driver’s license automatically since I was arrested for DUI?  Are there fines and fees associated with the hearing itself?

Answer: The DMV, separate from the Court can suspend a drivers license when there are DUI Charges. The purpose of the hearing is to fight the DMV from doing this. You or your DUI Lawyer has 10 days from the date of arrest to request a hearing. If retained within that time frame, I will request that hearing for you, and make sure they don’t suspend your license after the expiration of the 30 day temporary driver license  (which is generally what they do if not handled properly).

In most DUI arrest situations, you should have been given a 30 day Temporary driver license after the officer confiscated your Driver’s License card.

There is no fee to request and have a DMV hearing after a DUI arrest; referred to as an “Admin Per Se” hearing.  If you or your Attorney decides to subpoena witnesses or documents to defend the hearing, then those can be costs associated with the hearing.  But there is no cost just to get and have the hearing on it’s own.

I would recommend that you hire a DUI attorney in your area to defend your crimnal case, as well as your DMV hearing.  And be sure to retain your attorney within 10 days of your DUI arrest so  he or she can request the DMV hearing within that 10 day window.  I would be happy to discuss potentially representing you for both your DMV and criminal case associated with your DUI arrest.

For more information pertaining to your question, click:  DMV Hearing Associated with DUI arrest


Phil Hache
Law Office of Philip D. Hache
A Professional Corporation
DUI and Criminal Defense Attorney