Requesting a DMV hearing is an important step in not only avoiding an automatic license suspension, but getting a preview of the state’s case against you.
In California, if you are arrested for driving under the influence of alcohol or drugs, your license will likely be confiscated by the police. You will then have 10 days to request a hearing to contest the automatic suspension of your license. If you win the hearing, then you will be able to retain your license, pending the resolution of your criminal case. If you lose the hearing, your license will be suspended — but you still have the opportunity to make your case in criminal court. This post will explore what exactly a DMV hearing is — and what your rights are at the hearing.
What Is a DMV Hearing?
A DUI hearing before the DMV is an administrative hearing to determine whether or not your license will be suspended because of your DUI arrest. It is held at a DMV office, not in criminal court. The only consequence that the hearing examiner can issue at this hearing is the license suspension — not any criminal penalties.
After being arrested for DUI in California, the arresting officer will provide you with a Notice of Suspension after taking your license. This is your temporary license for 30 days after the arrest. This notice also gives you information about how to request a DMV hearing to prevent your license being suspended. You can only get a hearing by requesting one within 10 days of your arrest. If you do not request a hearing, then your license will automatically be suspended by the DMV. A Santa Ana DUI lawyer can request this hearing on your behalf, and can represent at your hearing. Once you have requested a hearing, the suspension of your license will not go into effect until after the hearing — but only if you lose the hearing. If you win at the hearing, your license will not be automatically suspended by the DMV (if you are convicted of DUI, the judge will enter an order for your license to be suspended due to the conviction).
Even if you do not think that you have a strong chance of winning the DMV hearing, it may still be advisable to request a hearing. It is the only way to avoid an automatic suspension of your license before the criminal case is resolved. The hearing gives you (and your lawyer) an important preview of the state’s case against you, and an opportunity to develop defenses to the criminal charges.
Your Rights
A DMV hearing is a much less formal process than a court hearing. It takes place in a DMV office, and is overseen by a DMV hearing officer, who is typically not a lawyer or a judge. The state has a much lower burden of proof to show that you were driving under the influence and that you were lawfully stopped and arrested than in a criminal trial.
Although a DMV hearing is much more relaxed than a court case, you still have important legal rights. You are entitled to be represented by a lawyer, but the state does not have to provide one to you if you cannot afford one. This is because it is an administrative hearing, not a criminal proceeding. During the hearing, you can present evidence, including witnesses, cross-examine witnesses, testify, review the state’s evidence against you and challenge the evidence presented by the state. The hearing is a good chance to see how strong the state’s case against you is, and to develop a strategy to have the criminal charges reduced or dismissed. A skilled Santa Ana DUI lawyer will be able to utilize the information discovered during the DMV hearing to your advantage in the criminal proceedings.
If you’ve been arrested for a DUI in Santa Ana 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. Our attorneys are experienced and will work hard to ensure the best possible outcome for your case.
