I have to go to court and I thought that I was "Innocent till proven guilty" so why has the DMV already taken my license?

And... What can I do about it?

In many states the DMV automatically takes away your license when you get a DUI.

One way that they can do this is with a Administrative Per Se Through DMV

Basically this means that they can declare you guilty without a trial.

We do not have a constitutional right to drive. Driving is legally considered a privilege and so it can be taken a way easily.

A DMV DUI hearing is kind of like a a mini-DUI trial without a jury.

Even though you a DMV hearing is not an actual court case before a judge you NEED an attorney to help you.

For example:

In San Diego you have just 10 CALENDAR DAYS after the DUI arrest to call the DMV Driver Safety Office and demand a hearing. You automatically waive your right to a hearing after the 10 day deadline is up. And considering that you probably just spent a few days in jail you may be distracted an not realize that this deadline is fast approaching.

This is why you need to call an attorney as soon as you can.

If you contact the DMV yourself to set up a date you may not be able to get your attorney there on the same day. You really need to have your attorney call the DMV and set it up.

Oddly enough while a judge can prohibit a person from driving they cannot actually revoke your licence only the DMV can do this. All though if you manage to keep your license and with the DMV after a judge prohibited you from driving then you drive with it you will be held in contempt of court if caught.

But by the same token the DMV can revoke your license no matter what the judge says. It can be almost like 2 different cases.

But… Mostly they will agree but you do need your attorney to keep it all straight.

And it varies from state to state.

Due to the confusion created over this issue, it is unclear whether a law enforcement officer may legally seize the license of a DUI offender. Most states have statutes stating that the DMV is authorized to suspend the license of an operator sufficient evidence that the licensee has committed an offense for which mandatory revocation of license is required upon conviction.