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Orange County Drunk Driving

Orange County DMV 10 Day Rule

DMV Ten Day Rule

If you are arrested for suspicion of driving under the influence in Orange County, California the officer arresting you for DUI will give you a notice of suspension or revocation of your driver’s license. You must schedule a Driver Safety Administrative hearing with the Orange County Department of Motor Vehicles with-in 10 calendar days of your arrest or your driver’s license will automatically be suspended after 30 days. In addition to having a chance to defend you DUI case at the DMV, you may be eligible for a “stay” on your driving privledges allowing you to continue to drive up to and past your DMV DUI hearing. DMV DUI hearings in Orange County usually are scheduled at least 6 weeks out from the date you requested your hearing.

You may request the DMV DUI hearing in writing or by calling one of the department's Driver Safety Branch Offices. It is recommended that you hire an experienced DUI lawyer to schedule your DMV DUI hearing. It is also recommended that you send certified mail to the Orange County Driver Safety Office located in Irvine requesting your hearing. Unfortunately, sometimes the DMV will not accurately note that you requested your DMV DUI hearing over the phone and you could lose your right to your hearing without written documentation providing proof you indeed requested your hearing. When calling or writing your request for the administrative hearing, you will need to identify yourself by your full name, your driver license number, and your date of birth. You will also need to verify your correct mailing address, which should be the same address that the DMV has on record for your driver’s license.

You will also need to immediately inform the DMV if you or any of your witnesses will require a sign or language interpreter or any special accessible accommodations during the DMV administrative hearing.

The DMV DUI hearing proceedings can be conducted either in person at a Driver Safety Branch office in Irvine or by telephone. Either way, the hearing will be recorded. At the hearing, you do have the right to have an Orange County DUI lawyer represent you, at your own expense. Generally, a Public Defender will not be able to accommodate you at the DMV hearing.

During the DMV hearing, you or your attorney maintain the right to review any and all evidence against you, including the cross examination and testimony of any department witnesses, and to present any witnesses, evidence and testimony on your own behalf. Once everything has been reviewed, a decision to either uphold (sustain), modify, or rescind (set aside) the DMV action against your driving privileges will be made by the Irvine Driver Safety Hearing Officer.

While legal representation by a DUI attorney in Orange County is not required, individuals who go into the DMV hearing with legal representation maintain a much higher chance of winning and keeping their driver’s license. It is important to remember, in a DUI case in Orange County, California, you have to separate processes. The DMV DUI hearing and the criminal DUI case.

By scheduling and attending the DMV administrative hearing, you may be able to retain your driving privileges until the hearing has been conducted and decided.

More Information:

What to Ask a DUI Attorney
The DUI Process
Orange County Criminal Courts
Orange County DMV 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.