After a DUI arrest in San Diego, you have 10 days to request a DMV hearing — or your license is automatically suspended. Attorney Anton Vialtsin at LAWSTACHE Law Firm requests DMV hearings immediately and fights aggressively to protect your driving privileges. Call 619-357-6677 now.
San Diego DMV Hearing Attorney — Protecting Your License After a DUI
A DUI arrest in California triggers two separate legal proceedings. The first is your criminal case in San Diego Superior Court. The second is a DMV administrative hearing that determines your driving privileges. Because these two proceedings are completely independent, you must fight both — and the DMV clock starts the day of your arrest.
The 10-Day Deadline
You have exactly 10 days from the date of your DUI arrest to contact the DMV and request an Administrative Per Se (APS) hearing. Therefore, calling an attorney immediately after your arrest is critical. If you miss this deadline:
- Your license will be automatically suspended when your 30-day temporary pink slip expires
- You lose all right to contest the suspension administratively
- The suspension takes effect without any hearing
What Requesting the Hearing Does For You
When Anton Vialtsin requests your DMV hearing on your behalf, the license suspension cannot take effect until the hearing is decided. As a result, you keep your driving privileges for weeks or even months beyond the original 30-day temporary license — while your attorney fights the suspension. In addition, he can request that the revocation be stayed while the hearing is pending.
Call Now — 10 Days to Act
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What Happens at a California DMV Hearing?
The DMV hearing is conducted by a DMV hearing officer — not a judge. Furthermore, it is not a criminal proceeding, and the rules of evidence are more relaxed than in court. Therefore, the hearing officer examines only three specific issues:
The Three Issues at a DMV Hearing
- Issue 1: Was the stop of your vehicle lawful? Did police have reasonable suspicion?
- Issue 2: Was your arrest lawful? Did police have probable cause to arrest you for DUI?
- Issue 3: Was your BAC 0.08% or higher at the time of driving?
Because the DMV only examines these three issues, an experienced attorney can focus the entire defense on attacking each one. In addition, Anton Vialtsin questions all witnesses at the hearing and challenges the documentary evidence the DMV officer relies on.
Winning the DMV Hearing
A DMV hearing can be won independently of the criminal case. Therefore, even if your criminal DUI case results in a conviction, winning the DMV hearing means your license is not suspended through the DMV. Furthermore, evidence uncovered during the DMV hearing can sometimes benefit your criminal case as well.
License Suspension Lengths by DUI Offense
If the DMV hearing is lost, the length of your suspension depends on your prior record:
- First offense: 6-month suspension — restricted license available after 30 days
- Second offense: 2-year suspension — 90-day hard suspension before restricted license
- Third offense: 3-year suspension
- Felony DUI: 4-year revocation
In addition, losing the DMV hearing does not mean you are guilty of DUI — the two proceedings are completely separate. Therefore, you can lose the DMV hearing and still win your criminal case.
Free Consultation — San Diego DMV Hearing Attorney
Call 619-357-6677 immediately after your DUI arrest. Anton Vialtsin will request your DMV hearing right away — protecting your license while your case is pending.
Frequently Asked Questions — San Diego DMV Hearing
What is a DMV hearing after a DUI?
A DMV hearing is a separate administrative proceeding that determines whether your license will be suspended after a DUI arrest. It is completely independent from your criminal DUI case. You have 10 days from your arrest to request it.
Can I win a DMV hearing after a DUI in San Diego?
Yes. The DMV hearing examines only three issues — whether the stop was lawful, the arrest was lawful, and your BAC was 0.08% or higher. An experienced attorney can challenge all three and potentially win the hearing, keeping your license intact.
What happens if I miss the 10-day deadline?
Your license will be automatically suspended when your 30-day temporary pink slip expires. You lose all right to contest the suspension. Call 619-357-6677 immediately after your arrest — do not wait.
Is the DMV hearing the same as my criminal DUI case?
No. They are completely separate proceedings. Winning the DMV hearing does not dismiss your criminal case. Losing the DMV hearing does not mean you are guilty of DUI. You must fight both separately.
What happens if I lose the DMV hearing?
Your license will be suspended. For a first DUI, that is 6 months. For a second DUI, 2 years. For a third DUI, 3 years. You may be eligible for a restricted license after a hard suspension period allowing you to drive to and from work.
Our Office — San Diego DMV Hearing Attorney
Address: 185 West F Street, Suite 100-D, San Diego, CA 92101
Phone: 619-357-6677
Hours: Weekdays and weekends by appointment.