Learn the answers to these frequently asked questions about California DMV hearings.
After you are arrested for a DUI, you face not only criminal action but an administrative suspension of your license by the California Department of Motor Vehicles (DMV). You have the opportunity to have a hearing with the DMV to argue against an automatic suspension of your license. As experienced DUI lawyers in Riverside, CA, we are often asked about the DMV hearing process. Here are some answers to the most frequently asked questions.
Will I Automatically Get a Hearing?
No. The only way to get a hearing is to request one within 10 days of your arrest. This information will be on the Notice of Suspension that the police give to you, which also functions as your temporary license. If you do not request a hearing, then your license will automatically be suspended by the DMV. Once you request a hearing, the license suspension will not go into effect unless the DMV hearing officer determines that the state has presented enough evidence that you drove under the influence. Once you request a hearing, you can use your temporary license until the hearing.
Does A Judge Hear My Case?
No. A DMV hearing takes place in a DMV office and is conducted by an employee of the DMV. That person is not a judge, and may not have any legal education at all. This is an administrative hearing; there are no criminal penalties associated with this hearing. The purpose of the hearing is to determine if your license should be suspended as a result of your DUI arrest.
Can A Lawyer Represent Me?
Yes. You can have your DUI lawyer in Riverside, CA represent you at the DMV hearing. However, because it is not a criminal proceeding, you are not entitled to a court-appointed attorney. Your attorney can present evidence, cross examine witnesses and give opening and closing statements. Having a DMV hearing will help your attorney get a good preview of the state’s case against you.
What Does The State Have to Prove?
To win at the DMV level, the state has to show that:
- The arresting officer had probable cause to believe that you were driving under the influence;
- The officer had probable cause to arrest you; and
- You were driving with a blood alcohol content of .08% or greater.
If the state cannot establish these three separate elements, you will win the case.
What Happens At The End Of the Hearing?
After all of the evidence has been presented, the hearing officer will issue a decision. If the hearing officer decides that the state did not meet its burden, then your license will not be suspended. However, if you are convicted of a DUI later, then the court will issue an order for your license to be suspended.
If you lose at the DMV hearing, then your license will be suspended.
What Is The Benefit of A DMV Hearing?
Whether you win or lose your DMV hearing, having a hearing will help your attorney understand the evidence that the State has against you. Your DUI lawyer in Riverside, CA can use this information to develop a defense for the criminal case. It is also the only way for you to avoid an automatic suspension of your license.
If you’ve been arrested for a DUI in Riverside or the surrounding areas, contact the Chambers Law Firm at 714-760-4088 or dchambers@clfca.com. We offer free initial consultations, and can represent you at all phases of the DUI process, including the DMV hearing.
