Administrative Proceedings

If you have been arrested for DUI, or if you are under 21 years of age and have been cited for any alcohol or drug-related offense, you may be subject to administrative proceedings by the Department of Motor Vehicles to revoke or suspend your driving privileges IN ADDITION to the criminal charges you face in the local courts. If you have been arrested for such an offense, you will either receive a "temporary licenses" (pink/salmon in color) when your license is taken by the arresting officer, or you will receive a notice in the mail.

In either event, you will have 10 days from receipt of the relevant document to contact the Department of Motor Vehicles, or make arrangements for your lawyer to do it, to schedule a hearing to contest the automatic suspension of your driving privileges. If you do not contact the DMV within 10 days, then your driving privileges will automatically be suspended for up to 1 year beginning 30 days after the date you were arrested. At the DMV hearing, conducted by a hearing officer, you have the right to be represented by your lawyer, to produce witnesses and other evidence and to question the arresting officer, or officers. Even if you eventually intend to admit guilt and accept the suspension of your driving privileges, making arrangements for a hearing can give you time to make alternate transportation arrangements if, when making the appointment for the hearing, you also ask for a stay of the automatic suspension.

Other state agencies conduct administrative proceedings on such issues as whether to license someone with a past criminal conviction as, for example, a real estate agent, or a dentist, or whether an allegation of taking too small abalone should result in the loss of a commercial fishing license. At such hearings and proceedings, you are entitled to be represented by a lawyer.