
Whether you have ever been involved in a Department of Motor Vehicle (DMV) hearing or not, if you have a state issued license to drive on the roads of California, there are many things that you should know about DMV hearings and how to keep or get your license to drive a motor vehicle on the roads of California.
Common Reasons for DMV Hearings
In our law office, we see many cases of regular otherwise law abiding people who find themselves faced with a DMV hearing, either for the first time or again, because of an alcohol related Driving Under The Influence (DUI) arrest, because a medical practitioner or cop is questioning your ability to safely drive a motor vehicle because of a health or age related condition or even if you have collected so many traffic violation convictions so that your driving record now has more points than are allowed by the laws contained in the California Vehicle Code.
Your Right to Contest the Suspension or Revocation
Whatever the reason may be that you may lose your privilege to drive, you will be given an opportunity to request a hearing in front of a DMV hearing officer to contest their proposed suspension or revocation. The notice that you should be getting of a possible license suspension or revocation should be a written notice of the reason for the imminent DMV action and it should advise you that you have a right to a hearing to contest the suspension or revocation of your privilege to drive in California.

Time Limit and Immediate Actions by DMV
When given that notice of a potential loss of license, the time limit you are given to request a hearing should be on that notice and will usually be a certain number of calendar days. That means that weekends and holidays are included in those 10 days. So you should act quickly!
DMV will immediately act to start the suspension action at the time of an alcohol related arrest. The arresting officer will snatch your actual license card if you have it in your possession or will advise you that he/she is notifying DMV of your alcohol related arrest if you do not have the card with you. Note that not having your license in your possession is a separate violation of law that you may also be cited for at that time. The officer should give to you a pink paper that says it is a temporary license that you should carry like it was the card the cop just took away from you. In small print on that one page pink sheet is the notice of your right to request a hearing within 10 days of the date of your arrest. Again, those 10 days include weekends and holidays so don’t delay calling our office or some other experienced and competent DUI attorney in the area of your arrest. The DMV hearing location is based upon where you were arrested…NOT where you live.
Medical Professionals and DMV Hearings
If you have contact with a medical professional (doctor, nurse, office staff with some medical training) who believes that you cannot safely drive a motor vehicle because of your physical or mental condition, they are authorized by law to submit a statement to DMV saying that they have doubts about your ability to drive safely. A police officer can do the same if he has contact with you and believes that you are a safety threat driving on the roadways.
If DMV receives such a statement from one of these people, they will send you notice of a hearing where they will want you to prove to them that you can safely drive. That may include an interview, retesting on the road or taking the written test you had to take when you first obtained your license to drive.

Points System in California
California assigns a certain number of points to various traffic violations such as speeding, DUI or a multitude of other actions by you that they say could indicate you are a negligent or unsafe driver. If you get a certain number of points in a one, two or three year period, they may suspend or revoke your privilege to drive. Please note that we say “privilege to drive” because that is what the State of California considers it. It is NOT a right that you have. And that little card with your photo on it is just a card. Your real ability to legally drive a motor vehicle on the roadways of our state is in the records and authorization of DMV.
Difference Between Suspension and Revocation
The difference between suspension and revocation of your privilege to drive is that a suspension generally means that you may get your privilege to drive back after a certain period of time and after you do some type of class or program they may require.
A revocation generally means that after a certain period of time, you have to re-apply for your privilege to drive and go through all the steps of testing just as you did when you first obtained your license…written test, driving test, eye test, pay the fees.

We are the most experienced DMV hearing attorneys in the Coachella Valley as we have represented hundreds of people in these hearings in all parts of the State of California. If you want the best opportunity to keep your privilege to drive, call us to schedule a free consultation in our office or by phone.
If you do get arrested for any offense, give our office a call as soon as you can and we will help you out of the case as effectively as can be done.
Call us now at 760-345-4777 or text us at 760-898-0205 for your FREE initial consultation.
Our expert Palm Desert DUI attorney will personally assess the value and merits of your important case with you so that together, we can decide the best plan of action for you to receive the highest recovery possible for you in your case.
Call us now at 760-345-4777 or text us at 760-898-0205 for your FREE initial consultation.
Our expert Palm Desert DUI attorney will personally assess the value and merits of your important case with you so that together, we can decide the best plan of action for you to receive the highest recovery possible for you in your case.
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