A request for a DMV hearing must be made within 10 days of the arrest in order to preserve your rights. If there is no request made within 10 days, the driver’s license will be suspended/revoked 30 days from the date of arrest.

Issues at the DMV Hearing depend upon whether the accused took a chemical test (breath, blood, or urine) or not.

If a chemical test was taken, the issues are:

• Did the officer have reasonable cause to believe that the accused was driving a motor vehicle in violation of the drunk-driving laws (Vehicle Code Sections 23152 or 23153)?
• Was the accused lawfully arrested?
• Was the accused driving a motor vehicle when she or he had .08 or more, by weight, of alcohol in their blood?

If a chemical test was not taken, the issues are:

• Did the officer have reasonable cause to believe that the accused was driving a motor vehicle in violation of the drunk-driving laws (Vehicle Code Sections 23152 or 23153)?
• Was the accused lawfully arrested?
• Was the accused told that their driving privilege would be suspended for one year, or revoked for two or three years, if they refused to submit to, or failed to complete, a chemical test?
• Did the accused refuse to submit to, or fail to complete, a chemical test after being requested to do so by a peace officer?

Visit Darren Kavinoky's Drunk Driving Guide website to get additional information about drunk driving and California Drunk Driving Laws.