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Orange County Drunk Driving

Orange County DMV DUI Driver's License Suspensions

Because Federal and State Constitutions provides that no person shall be deprived of property without due process of law, you are entitled to a notice of any action the DMV strives to take against your driver’s license and an opportunity to be heard. The DMV DUI action in Orange County, California, is separate from the criminal DUI court process.

If you are arrested and charged with DUI-DWI in Orange County, California, you will receive a notice of license suspension or revocation and temporary license at the time of your arrest. You need to contact the Orange County DMV within 10 calendar days to schedule your DMV hearing at the Irvine Driver Safety Office and contest a decision to revoke or suspend your license.

The DMV hearing does not assess whether you are innocent or guilty of a criminal act, but rather is an administrative proceeding regarding your driving privilege and the circumstances surrounding the arrest.

While representation by an Orange County DUI attorney is not required, you do have the right to be represented by a DUI lawyer or other representative, at your own expense. You or your attorney have the right to review evidence, cross examine any witnesses for the department, and present evidence, testimony and witnesses on your own behalf.

During the hearing the following points will be reviewed:

If your blood, breath or urine were tested for alcohol:

Did the arresting officer have reasonable cause to believe you were driving a motor vehicle in violation of California Vehicle Codes related to DUI?

Were you placed under lawful arrest?

Did you have a BAC of 0.08% or more in your blood while driving a motor vehicle?

If you refused or failed to complete a blood, breath, or urine test:

Did the law enforcement officer have reasonable cause to believe you were driving under the influence as stated by California DUI laws?

Were you placed under lawful arrest?

Were you told that if you refused to submit to or failed to complete a test of your blood, breath, or (when applicable) urine, your driving privilege would be suspended for one year or revoked for two or three years?

Did you refuse to submit to or failed to complete a blood, breath, or a urine test after being requested to do so by a peace officer?

The DMV DUI administrative hearing is very powerful, yet separate from any action an Orange County criminal court may take against you. While winning the DMV hearing may not impact a court decision, losing the hearing can only compound the consequences of being stopped for DUI-DWI and may provide for an extended license suspension and or restriction.

Statistically, individuals who choose to retain a knowledgeable DUI lawyer in Orange County to represent them at their Irvine Driver Safety Office DUI DMV hearings stand a far better chance of winning the hearing than those who opt to defend themselves.

More Information:

The 10 Day Rule
What to ask a lawyer
The DUI process 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.