I have been receiving feedback from new clients that they have contacted the DMV in Los Angeles following a DUI arrest and have been actively persuaded not to request a DMV hearing to challenge the suspension proceedings. The common complaint is that the representative of the driver safety office contacted asks the licensee why they are requesting a hearing, what the defense is and tries to persuade the licensee that there is no point to the hearing. This is entirely improper but happens so often that it appears that there is a policy of actively encouraging un-represented licensee's that they should not challenge the suspension.

Following an arrest for DUI, a person's privilege to drive will automatically be suspended by the DMV for the DUI unless that person requests a hearing within ten days of the date of arrest. At this point, the arrestee has not seen the police report, any documentation relating to breath or blood results and is often unaware of what defenses may be available. The DMV should not engage in any inquiry of the licensee but should simply grant the request for a hearing and stay the suspension pending the investigation of the case.

It is important to understand that there are different departments of the DMV. Following an arrest for DUI in Los Angeles, the Driver Safety Office in Commerce, El Segundo or Van Nuys should be contacted. In Orange County, the Irvine Driver Safety Office should be contacted. Sometimes, un-represented defendants contact their local DMV field office for a hearing. When this happens, the local office normally tells people to wait to see what happens in Court, and that there is nothing to be done until then. Local DMV clerks are simply not aware of the process at the Driver Safety Office and routinely give people bad advice leading to a lost opportunity to avoid a suspension.

If you have been arrested for a DUI, don't try to struggle with the DMV yourself, this may prejudice your rights and result in a lost opportunity to avoid a suspension. Contact a DMV defense attorney in Los Angeles or Orange County and have them take care of the process from the very beginning.