In California, you must contact the DMV within 10 days after a DUI arrest to request a stay and a hearing. You do this by either calling or faxing a DMV Driver Safety Office. If you are represented by a DUI defense attorney, the attorney generally handles this on your behalf.
“A stay” refers to a stay of the license suspension. This allows you to keep driving on a temporary license if the DMV does not conduct a hearing within 30 days from the date of the arrest.
A DMV hearing after a DUI is an administrative procedure where:
- the motorist appears before a DMV hearing officer, and
- tries to prevent the Department from suspending his/her driving privileges.
Note that following a DUI:
- the arresting officer seizes the person’s driver’s license, and
- the DMV can suspend the license.
The length of the suspension will be:
- up to a 4-month license suspension for a first-time DUI conviction, or
- up to a 1-year license suspension for a second DUI conviction.
Our DMV hearing attorneys will discuss the following in this article:
- 1. What should a person request following a California DUI?
- 2. How does a person make this request?
- 3. What is the 10-day requirement?
- 4. What is “a stay?”
- 5. What is a DMV DUI hearing?
A person must contact the DMV within 10 days after a DUI arrest to request “a stay” and a hearing.
1. What should a person request following a California DUI?
A driver arrested in California for DUI must contact the DMV and request:
- a stay, and
- a DMV hearing.
The driver must do this within 10 days of his/her arrest.
2. How does a person make this request?
A driver can make this request to the DMV via either:
- the phone, or
- a fax.1
A driver makes this request to a Driver Safety Office (located in the county where the arrest was made). This is not the same as a local neighborhood DMV office.
2.1. Phone request
A phone request simply means:
- the person arrested calls the applicable Driver Safety Office, and
- asks for both a stay and a hearing.
The person should also ask for “Discovery.” This is a request for the police report that documented the DUI in question.
The arrestee should have a copy of his or her ticket when the call is made. This is because the DMV employee handling the call will ask for:
- the date of the arrest,
- the location of the arrest,
- the name and ID number of the arresting officer, and
- the type of test that was administered (e.g., blood test).
2.2. Fax request
A fax request means:
- the arrestee faxes the applicable Driver Safety Office, and
- asks for both a stay and a hearing.
When a fax is used, a driver faxes a letter that includes the following information:
- the driver’s name,
- the person’s license number,
- the date of the arrest,
- the location of the arrest,
- the name of the police agency that made the arrest,
- the name and ID number of the arresting officer,
- the type of test that was administered, and
- the driver’s contact information.
Note that most of the above information can be found on the ticket for the arrest.
When a fax is used, the motorist will want to get a fax confirmation. This will confirm:
- the date and time of the fax, and
- the driver safety fax number that was used.
A driver must request a stay and a hearing within 10 days from the date of the DUI arrest.
3. What is the 10-day requirement?
A driver must request a stay and a hearing within 10 days from the date of the DUI arrest.
For example, if a person was arrested on April 5, he/she has to make the request by April 15.
The DMV is very strict about this timing requirement. If a person makes a request after the 10 days, the DMV can suspend the person’s driving privileges.
4. What is “a stay?”
A stay refers to a “stay of suspension.”
Note that the police seize a person’s driver’s license after a DUI arrest. Once a driver requests a hearing, the DMV then issues a 30-day temporary driver license. This allows the driver to continue driving for 30 days, despite not having a license.2
The temporary license is “30 days” because a DMV goal is to:
- hold its hearing within 30 days, and
- do so within 30 days from the date of the arrest.
There are situations, though, when the DMV does not conduct a hearing within 30 days. When this happens, the stay request means the DMV will not terminate the 30-day license.
Rather, the DMV grants the subject driver unrestricted driving privileges. These are good until:
- a hearing is conducted, and
- the DMV makes a suspension decision.3
5. What is a DMV DUI hearing?
A DMV hearing is an administrative procedure where:
- an arrestee appears before a DMV hearing officer, and
- tries to prevent the Department from suspending his/her driving privileges.4
Note that following a DUI:
- the arresting officer seizes the person’s driver’s license, and
- the DMV can suspend the license.
All administrative hearings are conducted at a DMV office.
The hearings are held before a DMV hearing officer. This is a DMV employee and is not:
- a judge, or
- an attorney.
A hearing runs like a California criminal trial. The DMV and the driver have the opportunity to present evidence and prove their respective cases. Note that a driver has the right to be represented by a DUI lawyer at these hearings.5
After the evidence is presented, the hearing officer rules for or against the driver. If for, then a driver’s license suspension is set aside. If against, the officer orders a period of license suspension or revocation.6
The length of a suspension will be for:
- up to four months (if a first-time DUI conviction), or
- up to one year (if a second or subsequent DUI conviction).
Note that the penalties issued at a hearing are:
- separate from,
- any penalties ordered by a criminal court.7
This means a driver can be punished twice for the same DUI.
For additional help…
For additional guidance or to discuss your case with a criminal defense attorney, we invite you to contact us at Shouse Law Group.
Legal References:
- California DMV website – Driving Under the Influence: Age 21 and Older (FFDL 35).
- See same.
- See same.
- California DMV website – DUI Arrest DMV Administrative Hearings vs Criminal Court Trials.
- See same.
- See same.
- See same.