Santa Barbara DUI Attorney Santa Barbara DMV Hearing Lawyer

DMV Hearing Lawyer

If you were arrested for driving under the influence in Santa Barbara County, California, in addition to your criminal case, you will face an Administrative License Suspension (ALS) hearing with the California Department of Motor Vehicles.

The arresting officer likely presented you with a pink Notice of Suspension, which is a formal advisement that your driver's license will be suspended in thirty (30) days. You, or preferably your Santa Barbara DUI defense attorney, have only ten (10) calendar days from the date it was issued to demand a DMV hearing at which you have the right to contest the suspension. It is critical to note that if your hearing is not requested within the ten days, your right to a hearing and any possibility of having your suspension thrown out will be lost, and your suspension will begin immediately following the expiration of your 30-day temporary license.

It is possible that even if you do demand a hearing, it will not be scheduled within thirty (30) days, which means that your temporary license will expire before the hearing. If this is the case, insist on a "stay," or an extension of your temporary license, until the hearing has taken place and a decision is delivered.

You are highly encouraged to retain legal counsel; however, if for some reason you cannot do so within ten (10) days of your arrest, it is imperative you contact the DSO yourself. If you contact any California DMV office, here are a few suggestions:

• Record the date and time of your call.
• Record the name of the clerk with whom you spoke.
• Do not discuss the events of the arrest or the reasons why you are demanding the hearing.

Because ALS hearings are more technical than criminal court, there is no judge or jury, and hearing officers are not legally trained, retaining counsel for an ALS hearing is strongly recommended. With the help of a trained California DUI lawyer, you are more likely to have your suspension reversed.

Your ALS hearing can only be scheduled with the DMV's Driver's Safety Office (DSO). Because there is no DSO located in Santa Barbara County, you or your attorney will need to contact the Oxnard DMV office in Ventura County at 4050 S. Saviers Rd., Oxnard, CA, 93033-6444, or (805) 488-0863.