After you have been arrested for a DUI, the arresting officer is supposed to seize your driver’s license and give you a temporary driver’s license (pink form) that is good for 30 days. That form explains you have the right to request a DMV hearing where you or your DUI lawyer can try and challenge the suspension of your driver’s license. It is very important to know, whether the police officer gave you the notice or not, as you have only 10 days to request your hearing. If you or your DUI lawyer does not contact the DMV within 10 days to request the hearing, the suspension of your license cannot be stopped.
Hearings are usually set within 30 calendar days. You can continue driving up until your hearing date and until you receive a notice from the DMV that your suspension has been set aside or it has been upheld. This additional time often gives people the chance to arrange for transportation, should they believe their license will be suspended.
The hearing usually addresses only three questions. Whether there was sufficient reason to initially detain the driver, was there sufficient evidence to arrest the driver and was a blood or breath test properly done with a result of 0.08% or more. In cases where the police also claim that the person refused the blood or breath test, the hearing officer also determines if that happened.