DMV DUI Hearing

The DMV will initiate action to suspend your California Driver’s License for a minimum of 30 days. If you refused a chemical test under the “implied consent” law in California, the DMV may suspend your license for 1 year.

If you were pulled over and arrested on suspicion of DUI, the police most probably confiscated your license and gave you a pink piece of paper. It is important for you to know the significance of this piece of paper and what can happen if you do not follow through with certain steps to recover license.

The loss of your driving privilege in California is devastating considering the correlation between your transportation and your employment, school and mobility. If you received this pink slip, you need to contact our office right away.

Ernenwein & Johnson are expert and experienced Los Angeles criminal defense lawyers with over 40 years of combined experience defending persons accused of driving under the influence (DUI) of alcohol or drugs.

Robert Ernenwein is a former Los Angeles Deputy District Attorneys and is Certified as a Criminal Law Specialist by the California State Bar Board of Legal Specialization. He has been named as a “Super Lawyer” by Los Angeles Magazine and has appeared as a legal analyst on multiple cable news programs, including Fox News.

His extensive experience and knowledge give him the tools we need to successfully defend you against DUI charges.

I’ve received a pink piece of paper entitled “Notice of Suspension.” What do I do with this?

On most misdemeanor DUI arrests, the police will release you a few hours following your arrest and booking (whereas, on a felony DUI arrest or accident case, you may have to post bail).

The arresting officer will confiscate your driver’s license and issue you a temporary 30-day driver’s license in the form a pink piece of paper entitled “Notice of Suspension.” Additionally, you will receive a citation to appear in court.

After you get the pink slip, you will have 10 days to schedule your DMV hearing.

If you hire us, we can schedule that hearing for you and represent you before the DMV officer.

We can also appear on your behalf so that you may not have to go (unless we find it advantageous for you to be there). At this hearing, you will have an opportunity to provide evidence (in the form of documents and/or testimony) which would help restore your driving privileges until your DUI court case is heard. We will also have an opportunity to challenge the evidence against you. We can challenge the reason for the stop.

If the police did not have reasonable suspicion that you committed a traffic violation or probable cause that you committed a crime, we can argue that the very stop of your vehicle was illegal and that any evidence gathered afterwards (including your field sobriety test, blood test) was illegally obtained. If the DMV hearing officer accepts this, the evidence against you is thrown our and you keep your license.

You should be aware that the objective of the DMV hearing is not to try your DUI case. Rather, it is to persuade the DMV not to suspend your driver’s license. Separate and apart from the DMV hearing is your court case. The court determines your guilt or innocence of DUI.

However, it should be noted that as your lawyer, we may also use the DMV hearing as an opportunity to gather evidence that may prove useful in court. For instance, Mr. Ernenwein can subpoena the arresting officer to give testimony and elicit admissions as to deficiencies in the investigation and inadequate DUI training. He can also subpoena logs which register the calibration and maintenance of the breathalyzer, thereby revealing possible malfunctions and incorrect readings.

A DMV hearing victory can also be a form of leverage to get your case disposed favorably in court.

The DMV hearing officer will take the matter under review and subsequently issue a written determination. The officer will mail you the decision within 30 days. If the DMV issues a decision favorable to you, your license will not be suspended. However, your license will be suspended if the DMV denies your case or the court finds you guilty of DUI. If your license is suspended, you can apply for a restricted license and get it within 30 days.

This license will allow to drive to and from work as well as to and from any alcohol program imposed by the court or the DMV.

Have you or someone you know been charged with DUI or any other crime? Contact Ernenwein & Johnson, Los Angeles and Orange County Criminal Defense Lawyers today at 310-375-5858 for a free case review.