Learn the basics of DMV hearings when you have been charged with a DUI.
One of the first consequences that people who have been arrested for a DUI in California will face is the loss of their license. In California, a DUI arrest triggers a process whereby the Department of Motor Vehicles (DMV) will automatically suspend your driver’s license — unless you act quickly.
You have a right under California law to request a hearing with the DMV to contest (argue against) this automatic suspension and to be represented by a DUI lawyer. In Tustin, CA and surrounding areas, the Chambers Law Firm can represent you at the DMV hearing and through every step of your DUI process. So how do you go about getting a DMV hearing?
A Guide to DMV Hearings
If you are arrested in California for driving under the influence of alcohol or drugs, the police officer who arrested you will confiscate your California driver’s license (note that if you are an out-of-state driver, your license will not be taken, but your driving privileges in California will be revoked). The officer will then give you a pink form known as a Notice of Suspension. This document is a temporary license that is valid for thirty days after it is issued.
The Notice of Suspension also provides information about how to contest your license suspension. You have ten days after your arrest to request a hearing with the DMV. If you do not request a hearing, then your license will automatically be suspended by the DMV at the end of the thirty day period.
It is relatively simple to schedule a DMV hearing. All you need to do is to contact your local DMV driver safety office (which is different than regular DMV offices where you may have gone to get your license). This is the place where your hearing will be held. Check the DMV’s website to find the driver safety branch office closest to you, and either call or go in person to schedule a hearing. You will then avoid the automatic suspension of your license, and can use your pink Notice of Suspension as a license until the hearing date. Your DUI lawyer in Tustin, CA can schedule this hearing for you and can also appear on your behalf at the hearing itself.
At the hearing, you and/or your lawyer will have the opportunity to present evidence, including witness testimony, and cross examine the state’s witnesses (which usually includes the police officer who arrested you). At the end of the hearing, a hearing officer — who is not a judge and may not have any legal training at all — will make a determination as to whether or not there is enough proof to justify suspending your license.
If the hearing officer decides to uphold the suspension, then your license will be suspended. You will still be required to go through the criminal process, as the DMV hearing is a separate administrative matter. If you the hearing officer decides that there was not cause to arrest you for driving under the influence, then your license will not be suspended. However, if you are later found guilty by a judge or jury or plead guilty to DUI, then your license will be suspended by the court.
So why should you request a DMV hearing if your license may be suspended at a later date even if you win? The most important reason is that the DMV hearing gives you a preview of the State’s evidence against you. Your DUI lawyer in Tustin, CA can use this information to put together a strong defense to the charges, and may be able to negotiate a reduction or dismissal of the charges as a result. No matter what happens at the hearing, this information is an invaluable tool that can be used in the criminal case.
If you have been charged with a DUI, contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com. We can request a DMV hearing for you, represent you at the hearing and in the criminal charges. We will work hard to protect your rights at every step of the way. Initial consultations are always free!
