When a police officer takes your driver’s license during a DUI arrest, you can request a DMV hearing to get your license back. But you must schedule the hearing within 10 days of your arrest or else your driving privilege will be suspended thirty days from your arrest. While the hearing will be conducted at a DMV office and conducted by a DMV hearing officer, it is best to have a criminal defense lawyer represent you for a few reasons.
First, your attorney can use the DMV hearing to shape your criminal case by subpoenaing the arresting officer and reviewing documents directly relevant to your criminal case. Second, because the DMV officer acts as prosecutor and judge, a criminal defense attorney is best suited to present the evidence and argue the merits of your case. Third, the issues that are decided at the DMV hearing are the same issues that a judge or jury will decide in your criminal case. Last, a criminal defense attorney has experience conducting these kinds of hearings so they can be as effective as possible.
If your attorney prevails at the DMV hearing, then you will have your license returned to you. However, if the DMV hearing officer rules against you, then the DMV will keep your license for 30 days. Following that 30 day period, you can get a temporary restricted license by enrolling in a court-ordered alcohol program, paying a $125 DMV fee, and showing proof of auto insurance.