A DUI arrest leads to two separate processes: the administrative DMV hearing and the criminal case. Knowing what happens during the DMV process can help you make a better decision about how to proceed with your DUI case.
If you’ve been arrested for DUI, you may be surprised when the police take your California driver’s license. A DUI arrest triggers an administrative process with the California Department of Motor Vehicles (DMV) that may lead to your license being suspended. It is just one part of the DUI process, but it is an important one. Understanding the DMV process is key to being able to assert your rights and getting a preview of the state’s case against you.
Your Right to a DMV Hearing
After you are arrested for a DUI, the police will confiscate your license, and provide you with a notice of suspension. This notice is a temporary license that is valid for 30 days. This document gives you information about how you can request a DMV hearing to contest the suspension of your license. You must request a hearing within 10 days of the arrest in order to get a hearing. If you do not make the request within 10 days, your license will be automatically suspended by the DMV.
What is a DMV Hearing?
A DMV hearing for a DUI case is an administrative hearing that takes place at a DMV office. The only issue that the DMV officer will decide at this hearing is whether or not your license should be suspended. The hearing officer (who usually is not a lawyer or a judge) does not decide the criminal case, and cannot issue any penalties.
During a DMV hearing, you are not entitled to a lawyer. You can be represented by an attorney, but unlike in the criminal system, one will not be appointed for you if you cannot afford a lawyer. Your attorney will be able to present witnesses, review evidence, present evidence and cross-examine the State’s witnesses. You will be able to testify as well, if you choose to do so. If you are not testifying, then your lawyer can attend the hearing on your behalf.
Issues Considered at a DMV Hearing
At the DMV hearing, the hearing officer will consider a number of issues that relate to the legality of the DUI stop and whether or not you were actually driving under the influence. He or she may look at whether the police had probable cause to stop your car or to arrest you, what your blood alcohol content (BAC) was, and whether or not you refuse to submit to a chemical test. Based on the evidence presented, the hearing officer will either uphold your license suspension or set it aside. Importantly, even if you win at the DMV level, your license may still be suspended if you are convicted of DUI in criminal court.
Advantage of Requesting a DMV Hearing
The DMV hearing and the criminal case are two separate processes. The outcome of the hearing does not technically impact the outcome of the criminal case; you can lose the DMV hearing and win the criminal case, or vice versa. However, the information that you learn during the hearing could influence how your criminal case is handled. That is why it is often advantageous to request a hearing, even if you are unsure that you would be able to win.
The biggest reason to request a DMV hearing is to obtain evidence that may help your Long Beach DUI lawyer negotiate a reduction or dismissal of the criminal charges. During the DMV hearing, the prosecutor will have an opportunity to present all of the evidence to prove that you were driving under the influence. Your attorney will have an opportunity to challenge that evidence, which includes exploring weaknesses in the prosecution’s case. Winning the DMV case may provide a strong basis for having the DUI charges reduced or dismissed. Losing the case may still provide avenues for negotiation, if you attorney spots weaknesses in the DMV hearing that could be used at trial.
Being arrested for a DUI and facing the prospect of losing your license is a scary time for most people. A knowledgable DUI defense attorney can make the difference between winning and losing your case — and your right to drive. A skilled Long Beach DUI lawyer can assist you with the entire process, from requesting the initial hearing to appearing at the hearing and negotiating or litigating the criminal case. If you’ve been arrested for a DUI, contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com. We will work hard on your behalf to minimize the impact of a DUI arrest on your life!
