warning: you must contact the DMV within 10 days of your arrest
The 10 day DUI hearing is your one shot to keep from losing your license before facing your DUI charges.
If you are suspected of drunk driving, the arresting police officer will most likely maintain control of your drivers license. You may receive a ‘pink’ thirty-day temporary driving slip, in place of your license. If your drivers license has been retained by law enforcement, you have ten days in which to challenge the suspension at a DMV hearing.
At this point, either you or your attorney must contact DMV to schedule a 10 day hearing regarding the suspension. If neither you nor your attorney contact DMV within the ten day timeframe, you forfeit your hearing, and your license will automatically be suspended until your DUI case is resolved.
Once you have contacted DMV in that ten day period, your temporary license will remain in effect until you have your hearing, even if it takes longer than thirty days.
The hearing can take place in person, or on the phone, and will have nothing to do with your guilt or innocence, but rather is focused solely on whether your license suspension should be waived or enforced.
You have the option to subpoena witnesses, including the arresting officer, if you think it will help your hearing. However, DMV has the right to question any person you subpoena.
Again, the DMV 10 day hearing is not a trial, but it is extremely important to have experienced legal help at the 10 day hearing if you want to protect your driving privileges.