California DUI FAQ: What Is the Ten Day Rule?

The California Ten Day Rule is one of the first aspects of a California DUI case and arguably the most time sensitive. Since complying with the Ten Day Rule is the best way to avoid an automatic license suspension, it is important to understand how it works.

Under California law, you have only ten calendar days from the date of your DUI arrest to contact the California Department of Motor Vehicles to prevent your license from being automatically suspended.

To comply with the rule, you must request a hearing on the merits of the automatic suspension of your license within ten calendar days of your arrest. If you fail to do so, you will face an automatic suspension for a minimum of four months for a first offense. This means that you will be unable to drive to work or school and pick up your children or friends.

Many California drivers are not aware that a hearing through the Department of Motor Vehicles following California DUI incident is completely separate from the criminal court case. Moreover, any DUI penalties imposed by DMV are independent of any court-imposed jail sentence, fine, or other criminal penalty imposed when a person is convicted for driving under the influence in California.

For more information, check back here tomorrow when we will discuss what happens at the California DMV hearing.

If you have been arrested for driving under the influence in California and have questions about the DMV process, contact our experienced DUI Defense Attorneys today.