Lawsuit accuses DMV of unconstitutional practices.
Many Californians don’t realize that the DMV has the power to take away their drivers license following a DUI arrest via a procedure called an administrative suspension. Though the suspension can be challenged at a special hearing, in most cases drivers don’t even realize they need to take this step. Ignorance of the law combined with what many consider unconstitutional DMV policies often lead to unfair and undeserved license suspensions.
Last month, the California DUI Lawyers Association filed a lawsuit against the DMV. The suit contends that allowing a DMV employee to serve as prosecutor and judge in the administrative suspension process violates the constitutional rights of Californians. It also claims that the DMV pressures employees to decide cases against drivers rather than considering cases objectively.
It is certainly true that there are issues with the process. For example, while an acquittal on DUI charges will bring a revocation of the administrative suspension, license suspensions will not be revoked in cases whether the criminal case was dropped.
Take the case of Thuan Ha. Ha was arrested for DUI, but never convicted. The DMV still suspended his license for four months as per usual for an administrative suspension. Why? Because though Ha was not found guilty, he was not found innocent either. Instead, the charges against him were dropped after the judge ruled that officers had obtained his blood test illegally. This case shows that there are different standards of proof for DMV hearings and criminal trials. Indeed, often DMV employees will revoke a license based on nothing stronger the arresting officer’s statement that the individual was intoxicated.
According to DMV data from 2012, at least 135 individuals had their licenses taken away via the administrative suspension despite having either never been charged in criminal court or had their cases dismissed due to lack of evidence.
We will be watching the progress of this lawsuit carefully to see whether any positive changes in the administrative suspension process that better protect the rights of the accused will result.
In the meantime, if you are arrested for DUI, know that you need to get a DUI attorney’s help not only for the criminal charges that may be filed against you, but also for the DMV administrative suspension process. Your DUI attorney can help you file for a hearing at which you may defend yourself against the allegations and also get a preview of the police’s evidence against you.
