What Is a DMV DUI Hearing?

A Driving Under the Influence (DUI) arrest in California is a serious event that can impact your life in numerous ways. After being stopped for a DUI, two processes will begin:

• A criminal case, including possible jail terms, fines, and attendance at DUI school
• A DMV DUI hearing, which is an administrative process that could lead to your driver’s license being suspended

While most people take the criminal aspect of a DUI arrest exceptionally seriously, it is the California DMV DUI hearing that may have the most consequences for your everyday life.

Attending Your California DMV DUI Hearing is Important

When you get arrested for a DUI, the police officer will confiscate your driver’s license and leave you with a “Notice of Suspension” on pink paper. The pink notice will act as a 30-day temporary driver’s license.

It also includes a notification that you have the right to schedule a DMV DUI hearing. You must schedule your DMV DUI hearing within 10 days of the arrest, or you forfeit the right to have a hearing. The administrative hearing will determine whether your license is suspended. If you don’t schedule or attend your DMV hearing will automatically lead to your license being suspended after the 30-day temporary pink permit expires.

A DMV DUI Hearing in California Prevents Suspension of Your Driver’s License

If you take advantage of your rights and schedule a DMV DUI hearing within 10 days of your arrest, any suspension of your license will be postponed pending the results of the hearing. Requesting a hearing is as simple as calling your county’s Driver Safety Office. You should also explicitly request a stay preventing your license from being suspended.

If you choose to not schedule a hearing, your license will be suspended 30 days after your arrest. When you are eligible to have the suspension lifted is determined by numerous factors, but before your driver’s license is reinstated, you’ll need to:

• Complete California’s DUI school;
• Prove you have valid insurance;
• Spend $125 for a reinstatement fee; and,
• Likely have a breathalyzer, also known as an ignition interlock device (“IID”), installed on your car.

What Happens at a California DMV DUI Hearing?

Once you have scheduled a DMV DUI hearing, you (and your California criminal defense attorney) can prepare your case. Currently, due to the COVID-19 pandemic, DMV hearings are held over the phone. A DMV hearing is administered by a DMV hearing officer, who is not a judge or a lawyer. However, you have the right to be represented by an attorney.

The hearing functions as a mini-trial and includes:

• The presentation of evidence, such as the police report and any forensic tests;
• The questioning of witnesses, including the arresting police officer; and,
• The right to give your own testimony.

Through this process, your lawyer will be able to challenge the case against you and try to show that some part of the arrest was deficient. For example:

• The state may have lacked probable cause to pull you over or arrest you;
• There may have been failures in the procedures used to test your blood alcohol concentration; or,
• The arresting officer may not have followed the proper protocols or informed you of your rights during the arrest.

The DMV Hearing Officer will consider your case and either uphold your suspension or rule that it should be set aside. In California, most first-time DUIs do not lead to a loss of driving privileges but rather to the installation of an IID, at your expense.

If you’ve been arrested for a DUI, an experienced criminal defense lawyer in Los Angeles, CA, can help you keep your driver’s license. The Chambers Law Firm can guide you through both the criminal and administrative hearing process. Call us today at 714-760-4088 or info@orangecountyduifirm.com to request a no-obligation consultation with a skilled member of our legal team.