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 written determination.