Summary of CA's Drunk Driving Laws

When a person is arrested for Drunk Driving in CA , including their first DUI offense, there are two separate cases being prosecuted against the accused:

1. The DMV case, where the CA driving license can be taken away; and
2. The criminal case that can lead to jail, fines, an ignition interlock device being installed in the car, alcohol education classes, community service, impounding the defendant’s vehicle, or a combination of these things, depending on the facts of the case.

If you have been arrested for Drunk Driving or DUI in California, you must request a DMV hearing within 10 days of your arrest. If you do not request a DMV hearing within 10 days of your arrest, your CA license will be automatically suspended or revoked 30 days after your arrest.

As a courtesy, you may download a DMV Hearing Request Form, which must be faxed to the D.M.V. office nearest to the place of your arrest in CA.

Fill in the blanks, including your name, driver’s license number, the date of your arrest, the arresting agency (Police, Sheriff, or California Highway Patrol), and the place of arrest (major cross streets, or at least the city, if known).

Even if 10 days have passed, it may be possible to get a DMV hearing, depending on the facts of your DUI case in CA. If you are beyond 10 days, download and fax this hearing request at once, and contact a skilled criminal defense lawyer at once to try to protect your rights.