YOU HAVE 7 DAYS FROM THE DATE OF ARREST TO REQUEST AN ADMINISTRATIVE HEARING.

I prefer to do this for my clients. If a request is not made within 7 days, you not only automatically lose your license with DMV, you forfeit the right to subpoena the police officer and cross examine him. I consider the DMV hearing to be a crucial part of the process.

When you either submitted a breath sample or refused to take the breath test, the police officer seized your drivers license. (Occasionally, for different reasons, they don’t.) He or she gave you a form entitled ‘Notice and Order of Revocation.’ This is your temporary license, and it spells out the necessity of requesting an administrative hearing.

The DMV hearing is completely separate and independent from the criminal court proceedings.