The standard of proof is much lower for a DMV license suspension.
Getting a DUI can be traumatic — and it can also be confusing. There are so many different terms associated with California driving under the influence cases, and so many things to understand. A prime example is license suspensions. While a court will suspend your California driver’s license if you are found guilty or plead guilty to a DUI, your license may have already been suspended by the California Department of Motor Vehicles (DMV).
Confusing, right? As an Orange County DUI defense attorney, I often get questions about how this process works — and how it is that the state essentially can suspend your license in two different ways. The easiest way to understand it is that there are two aspects to each DUI case: administrative and criminal. The administrative portion is handled through the DMV, while the criminal part is handled through the court system. When it comes to your license, the administrative part happens first.
If you are arrested in California on suspicion of DUI for the first time, the arresting officer will typically take your driver’s license and hand you a pink slip. This will serve as a temporary license. It also contains information about how you can request a hearing with the DMV about your license suspension. When the officer gives you a pink slip, he or she should inform you that you only have 10 days to request this hearing, which will put a hold on your license suspension. If you do not request a hearing, then your license will automatically be suspended by the DMV — an “administrative per se” suspension — after 10 days. An experienced Orange County DUI defense attorney can help you request a DMV hearing and can represent you through the process.
If you do request a hearing, the DMV will set the date for a future date, typically between a month to several months from the arrest date. You will be able to drive as usual while you wait for your hearing. At the hearing, the DMV officer (who is not a judge) will determine a number of facts:
- If the officer had reasonable cause to believe that you were driving under the influence;
- If you were lawfully arrested; and
- If you had a blood alcohol content (BAC) of .08 percent or higher.
The DMV will send you or your Orange County DUI defense attorney a packet containing the evidence that the DMV will use to make these determinations. This is one benefit of requesting a hearing: it gives you a preview of the state’s evidence against you. At the hearing, the standard of proof is lower than in a criminal court, where the prosecutor must prove guilt beyond a reasonable doubt. At the hearing, the officer must only find that it was “more likely than not” that each of these facts existed. Hearsay statements are allowed into evidence at this hearing, and your Orange County DUI defense attorney can subpoena witnesses to testify on your behalf or to cross examine. If you win at the hearing, then the administrative suspension is not imposed. If you lose, then the 4 month suspension begins at that point.
The criminal case has likely been ongoing during this time. If you are found guilty or have pled guilty to DUI, then the Court will notify the DMV of this fact. If it is a first-time DUI, then a 6 month mandatory suspension will become effective. The good news is that you will get credit for any license suspension that you have already served with the DMV, so if you have already completed your 4 month administrative suspension, then you will only have to complete a 2 month suspension at that point.
The potential loss your license is an important reason to hire a high quality Orange County DUI defense attorney. If you have been charged with a California DUI, contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
