DMV HearingsDUI - Can You Continue to Drive?
When arrested for DUI, in almost all cases the police confiscate your driver’s license. In the fine print of the temporary license you are provided, you are given ‘notice’ that your driver’s license will be suspended. You must fulfill certain conditions in order for the termination of your driving privilege to be ‘stayed’, meaning postponed.
Essentially, you have 10 days to request a DMV hearing. When you make the request you must also demand a ‘stay’ on the termination of your driving privilege. If you DO NOT request a hearing, your privilege to drive will be automatically suspended 30 days from the date you were issued the temporary license or arrested, and you will not be given the opportunity to continue to legally drive, even if you have a sustainable case and strong defense.
By requesting the hearing you may continue to drive until there is a resolution of your case and, therefore, maintain some control over your ability to travel for work, school, or pleasure.
If you have been arrested for DUI, you need to act quickly to request a DMV hearing within the required 10 day period. If you retain our office, we will request a DMV hearing on your behalf and we will also request a ‘stay’ in order for you to continue to drive without restriction until otherwise ordered.
Generally speaking, the DMV will respond to our request for a hearing within 45 days, and when they respond, you will be given a hearing date approximately one additional in the future.