Unless the parties agree to a different location, the hearing is usually held at one of the DMV Driver Safety field offices the Orange County office is in the City of Orange. The hearing will take place at a nearby venue near where the initial arrest occurred. Once this review is complete, and the demand for a hearing is made by the driver’s attorney, a hearing date is set. Note: the hearing is completely independent from the criminal court proceedings it is not uncommon to win one proceeding and lose the other.īefore the hearing is held, an internal administrative review will be conducted by the DMV on the case to ensure that the evidence complies with the requirements for an administrative suspension. Vehicle Code § 13558(d) and (e) provide that your DUI attorney can obtain a stay of the suspension if the request for a hearing was made within ten days of the notice or if the requested hearing cannot be scheduled before the thirty-day temporary license expires. It is vital that a hearing is requested within this rigid 10-day window, or the right to a hearing is permanently lost and the suspension will automatically take effect 30 days from the date of arrest. The arrestee then has 10 days to request a license suspension hearing by contacting a local DMV office of Driver Safety. This document is signed under oath by the officer and forwarded to the department directly. This suspension will take effect in 30 days - unless an administrative hearing is requested (see below).Īccompanying the suspension will be a DMV form called an “Officer’s Statement -Admin Per Se”, completed by the arresting officer and setting forth the facts of the case relevant to the suspension. Once a driver has been arrested for DUI and booked at the police station, they will be served with a DMV Notice of Suspension.

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