After a DUI arrest, you are not only facing the hassle of the criminal
process that determines if you are actually guilty or not, but there is
also the determination of what happens to your driver's license. The
Department of Driver Services (DDS) will decide what the status of your
license is before you are even convicted of a
DUI. When arrested, your license will be taken by law enforcement and you
are given a permit. From there, you have 10 days to request a DDS hearing
to fight for the status of your license to not be suspended or revoked.
The hearing will take place within 50 days of your request. Before the
hearing, there could be a prehearing conference telephone call with the
Administrative Law Judge (ALJ). This conversation can help you clarify
the logistical details of the hearing. At least 5 days prior to the
DDS hearing, there must be an exchange of document copies that will be used at the
hearing. Both you and the Regional Center will exchange copies of reports
that will be brought to the case. You also have to exchange a witness
list including the subject hat each witness will be question about.
At the hearing, you can have witnesses testify on your behalf as well as
an experienced legal representative from The Law Offices of Howard J.
Weintraub, P.C. Witnesses could be doctors or anyone who has knowledge
about the specific matters in your case. Before the hearing starts, the
ALJ will lay out the details of the hearing process. During this time,
you may be allowed to ask questions about the hearing. Then, you and the
Regional Center will both have the opportunity to give an opening statement.
Next, evidence will be presented by both parties, along with testimonies.
Once arguments have been made and evidence has been shown, you can make
a closing statement in which you are allowed to summarize what you would
like and why the evidence supports your case. The decision of the ALJ
will be mailed to you within approximately 10 days. The decision will
be put into place 10 days after you receive the letter. If your license
is getting suspended, it will be in effect 10 days after you receive the