License Suspension/Revocation - DUI
The DMV automatically conducts an administrative review which includes and examination of the officer's sworn report and relevant documents. If the DMV review shows there is no basis for the Admin Per Se suspension/revocation, the suspension/revocation will be set aside. The DMV will notify the person in writing only if the suspension/revocation is set aside.
You have 10 days from receipt of the Order of Suspension/Revocation to request a hearing to show that the APS suspension/revocation is not justified The DMV will conduct a telephone hearing unless you request an in-person hearing. The APS suspension/revocation will not be stayed or delayed unless you request a hearing within 10 days from the issue date of the order and the DMV cannot provide a hearing before the effective date of the suspension/revocation. Before the hearing, you may request to see and obtain copies of the Department of Motor Vehicle's evidence. An attorney may represent you. You may present oral testimony and other relevant evidence. Testimony will be taken under oath or affirmation and the hearing will be recorded. The DMV ordinarily does not arrange to have the peace officer testify. However the DMV reserves the right to call the officer if his or her testimony is needed.
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