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Orange County Drunk Driving

Orange County DMV DUI Hearings

DMV DUI HearingIf you have been charged with DUI in Orange County and you have not scheduled a DMV administrative hearing at the Irvine Driver Safety Office or you attended the hearing and the decision to suspend or revoke your license was upheld, you may face the following DMV actions:

  • A first offense DUI results in a 4-month driver’s license suspension.
  • A second or subsequent DUI offense within 10 years results in a 1-year driver’s license suspension.

If you are under the age of 21, and you took a preliminary alcohol screening (PAS) test or other chemical test, with results that showed 0.01% BAC or more, will have your driving privilege suspended for 1 year.

If you win the DMV DUI hearing, which is much more likely with legal representation, the Orange County DMV will notify you in writing.

If you lose the DUI DMV hearing, you can apply for a restricted license at any DMV field office after a mandatory time has passed. This varies with each individual case and it is recommended you contact a knowledgeable Orange County DUI Attorney . The restricted drivers license will allow you to drive to and from work, within the course of work and to and from any alcohol class..

Be aware that the Orange County DMV administrative hearing is quite powerful and is separate from the DUI criminal court case in Orange County. If you lose the DMV DUI hearing but are acquitted of the DUI charges in court, the suspension or revocation of your driver’s license will be reversed, only if the DMV determines that the court decision did warrant an acquittal. A reduction of the DUI charges in court will not reverse the DMV decision. You must have an aquital, meaning a NOT GUILTY on the charge on CVC 23152(b).

Again, if an Orange County court Judge reduces your DUI charge to reckless driving the DMV administrative decision to suspend your driving privilege will not be affected.

Even if the Orange County District Attorney dismissed your DUI charge, or did not file it, or filed it and the court dismissed the case due to lack of sufficient evidence, and you lost the DMV hearing, you may not necessarily get your license back. You may have a right to another DMV hearing within one year of the arrest date.

By law, if you are convicted of driving under the influence in an Orange County court, you may face an even longer period of driver’s license suspension.

At the end of the license suspension period, your driver’s license will be returned to you after you pay a DMV reissue fee and show proof that you have fulfilled any and all court required obligations, including automobile insurance.

More DUI Information:

What to ask a DUI lawyer
Orange County DUI Schools
The DUI Process
SR-22 is an informational website provided by a top Orange County DUI lawyer to help those charged with drunk driving in these Orange County cities: Aliso Viejo, Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, La Palma, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, Los Alamitos, Mission Viejo, Newport Beach, Orange, Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Surfside, Tustin, Villa Park, Westminster and Yorba Linda.