You have the right to an administrative hearing with the DMV but you have to act quickly
If you’ve been arrested for a DUI, you might be shocked to discover that the police officer can immediately serve you with a “Notice of Suspension” from the DMV and confiscate your California driver’s license. The Notice of Suspension will serve as a temporary driver’s license for the next 30 days, after which time the suspension will begin and you will be unable to drive.
What’s going on? Why are you being punished for an alleged crime before it has been proven in a court of law? The answer is that because this first suspension is considered an administrative sanction as opposed to a criminal punishment, it can take effect before your court date. Fortunately, you do have the right to contest this sanction.
Requesting a DMV Administrative Hearing
The California DMV allows all individuals who have been served a Notice of Suspension the opportunity to contest the notice at an administrative hearing. The trick is that you must request this hearing, and you must do so within 10 calendar days of receiving your Notice of Suspension. Your Los Angeles DUI attorney can make this request for you and represent your interests during the hearing. If you do not request a hearing, your right to contest the suspension is forfeited, and your administrative license suspension will take effect as described in the Notice of Suspension regardless of the validity of any possible defenses.
DMV Administrative Hearing Procedures
At your administrative hearing, you and your Los Angeles DUI attorney will be given the opportunity to review and contest the evidence against you. Typically this evidence consists of the statement made by the arresting officer, the arrest report, and the results of any breath, blood, or urine tests that were done.
The hearing officer will listen to your attorney’s objections and decide whether or not the various pieces of evidence should be admitted. Any witnesses may be cross-examined and additional evidence may be offered by your attorney. The hearing officer may call you to testify, but you can plead the Fifth if you and/or your attorney think it inadvisable for you to testify. Hearing officers will seldom take the time to compel your testimony.
The hearing officer will not make a decision on the spot. Instead, you will receive a notice within 2 to 30+ days stating the decision. If your attorney was able to convince the hearing officer that there was insufficient evidence for your DUI, the notice will be an “Order of Set Aside” and your license will be reinstated. Otherwise the suspension will begin at the predetermined time. Your attorney can still help by explaining how you can get the suspension reduced. For example, if this is your first DUI you can reduce the suspension from 4 months to 1 month of suspension and 5 months of work restriction if you enroll in a DUI school and show proof of insurance.
DUI Defense
If you need to go to court to defend against criminal DUI charges, your Los Angeles DUI attorney can help with that as well, providing a comprehensive defense to help contest the evidence against you and secure the best possible outcome to your case.
