If you are caught in California for driving under the influence of alcohol or drugs, the police will most likely take your license. After that, you’ll have 10 days to request a hearing to dispute your license’s automatic suspension.
If you win the hearing, you will be permitted to keep your license while your criminal case is being resolved. Your license will be suspended if you lose the hearing, but you will still be able to present your case in criminal court. This article will explain what a DMV hearing is and what your rights are during it. If you require help from an experienced DUI attorney in California, contact Chambers Law Firm at 714-760-4088.
What Does a DMV Hearing Entail?
A DMV DUI hearing is an administrative hearing to decide if your driver’s license will be suspended as a result of your DUI arrest. It takes place in a DMV office rather than in a criminal courtroom. At this hearing, the only sanction that the hearing examiner may impose is a license suspension, not any criminal consequences.
After seizing your license after being arrested for DUI in California, the arresting officer will give you a Notice of Suspension. This is your 30-day temporary license following your arrest. This notification also tells you how to request a DMV hearing in order to save your license from being suspended. A hearing may only be obtained if you request one within 10 days after your arrest.
The DMV will immediately suspend your license if you do not request a hearing. A criminal defense attorney can help you obtain this hearing and represent you during the hearing. The suspension of your license will not begin until after the hearing – but only if you lose the hearing. If you win the hearing, the DMV will not immediately suspend your license..
Even if you don’t think you have a good chance of winning the DMV hearing, it’s still a good idea to ask for one. It’s the only way to prevent having your license automatically suspended until the outcome of your criminal case. The hearing provides you (and your lawyer) with a crucial preview of the state’s case against you, as well as an opportunity to establish criminal defenses.
Your Legal Rights
A DMV hearing is significantly less formal than a court proceeding. It takes place at a DMV office and is presided over by a DMV hearing officer who is neither a lawyer nor a judge. In contrast to a criminal trial, the state has a considerably lower standard of proof to prove that you were driving under the influence and that you were legally stopped and detained.
You have the right to have a lawyer defend you, but the state is not obligated to give one if you cannot afford one. This is due to the fact that it is an administrative hearing rather than a criminal process. You can offer evidence, cross-examine witnesses, testify, study the state’s case against you, and dispute the evidence given by the state during the hearing.
The hearing is an excellent opportunity to assess the strength of the state’s evidence against you and to devise a plan for reducing or dismissing the criminal charges. A knowledgeable Santa Ana DUI attorney will be able to use the facts obtained during the DMV hearing to your advantage in the criminal procedures. Call Chambers Law Firm now at 714-760-4088 for a free legal consultation.
