Generally, when one is arrested for driving under the influence (DUI), their license is usually immediately taken by the arresting officer. The officer gives an order suspending driving privileges effective 30 days later and takes one’s license and sends it to the DMV. The arresting officer then gives a temporary license that is effective for only 30 days from the date of arrest. 30 days after the date of arrest, the license is suspended, unless DMV “set aside” the suspension either on its own review or after conducting an administrative hearing (Admin Per Se Hearing), WHICH YOU OR YOUR ATTORNEY MUST REQUEST.
IMPORTANT: Within 10 daysafter you receive a notice of suspension or revocation, which you should have gotten from the officer on arrest,YOU MUST DEMAND A HEARING to prevent your license from being suspended automatically after the 30 days from your arrest. Once the DMV has been contacted and you have made your request, DMV must then conduct your hearing before the effective date of suspension. Basically, requesting an administrative per se hearing helps to preserve your license until the outcome of the DMV Hearing.