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The 10-Day Rule

California's 10 Day Rule

You only have 10 days to request a DMV hearing!

When a driver is arrested for driving under the influence (DUI) in Los Angeles, he or she will have only 10 calendar days to contact the appropriate office at the California Department of Motor Vehicles (DMV) to schedule an administrative license suspension hearing.

Failing to schedule this hearing will result in automatic driver's license suspension.

The DMV has the authority to initiate administrative license suspension proceedings when a driver is arrested for suspected DUI and either fails or refuses a breath or blood test. If a driver does not contest the suspension by scheduling a DMV hearing, the DMV will move forward with the suspension and there will be nothing that the driver can do at that point.

The 10-day rule is just one of many reasons it is so important to act quickly and contact an attorney. With experience in scheduling and handling license suspension hearings, a DUI lawyer from our firm can offer you the legal representation you need at your hearing in order to have the best opportunity of keeping your license. And remember, if you do not schedule the hearing you will lose the right to challenge the suspension of your license.

How do I request a California DMV hearing?

In the state of California, if you are arrested on suspicion of driving under the influence or are arrested on the allegation that you refused to submit to a chemical test, you have 10 days from that point (or 14 days from the date the notice is mailed) to request an administrative hearing with the DMV, but how is this done? Your arresting officer will mail you a notice of your arrest. On this notice, it will state the 10-day rule, as well as instructions on how to request a hearing.

According to the California Department of Motor Vehicles, you can contact 
a Driver Safety Branch Office by phone to request this hearing.

Gold & Witham: Your Los Angeles DMV Hearing Lawyer

DMV hearings and criminal court proceedings operate independently of one another in a Los Angeles DUI case. At Gold & Witham, we are highly skilled in handling both branches of these cases. If you contact our offices in time and retain our services, we may be able to not only schedule your hearing for you but can represent you at this hearing and use this as an opportunity to be better prepared for your criminal case. In every way possible, we will seek to protect your driver's license from suspension and keep you out of jail.

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