DMV 10 day rule

DUIDMV 10 day rule

The DMV 10 day rule- If you were arrested for a DUI, you have 10 days to call the DMV to save your license.  The 10 days are calendar days, not business days.  This means Saturday, Sunday and holidays count.  Do not wait to schedule your hearing.  You need to call the DMV immediately.  The cops give your information to the DMV immediately.  Do not wait and hope it will fall through the cracks.

The safety hearing offices are located statewide.  You need to find the office closest to your site of arrest for the hearing.  The DMV 10 day rule means you need to call the office immediately.  A list of the branch offices can be found here.  The hours generally are Monday through Friday from 8am to 5pm.  However, some branches are busier than others, so be prepared to wait on hold.  The wait is nothing like waiting in person.  You need to call to schedule the administrative hearing.

If you miss the 10 day deadline, there are circumstances where you can still get the DMV to allow you to have the hearing.  This is where having an experienced DUI attorney will be beneficial to you.  It is a misdemeanor to drive on a suspended license.  You do not want to compound criminal charges.

Don’t lose your license!

The administrative hearing is a difficult process.  The hearing is conducted by a hearing officer who acts as judge and prosecutor.  He or she is the one who decides if you will keep your license or not.  The hearing will not happen within 10 days of the arrest.  The DMV 10 day rule simply means you need to schedule it within 10 days.  During the review process, you will be able to drive normally.  However, if you lose your license, you could lose it for up to a year or longer, depending on the circumstances.  There are forms you are entitled to, which you need for the hearing.  These include the police reports and officer statements.  They also include any breath or blood results.

The hearing can be held over the phone or in person.  It is always better in person.  You have a right to subpoena witnesses and evidence for the hearing.  This is why it is important for you to hire an experienced attorney to handle the hearing for you.

On a side note, the public defender’s office will not represent you during the hearing process.  You are on your own for that one.  However, many attorneys will agree to represent you at the hearing alone.

Contact us for a free consultation

Contact the Law Office of Stephanie M. Arrache today if you have any questions about the DMV 10 day rule, or if you or a loved one were arrested for a DUI.