DUI Lawyer | Joel Brand, Esq.

Understanding the DMV Hearing and How to Prepare

Introduction

A DUI charge in California initiates two separate legal proceedings: the criminal case and the Department of Motor Vehicles (DMV) administrative process. The DMV hearing, also known as an Administrative Per Se (APS) hearing, is critical as it determines whether you will retain your driving privileges following a DUI arrest. This article provides a comprehensive understanding of the DMV hearing process, its importance, and how to effectively prepare for it.

The DMV Hearing: An Overview

What is a DMV Hearing?

A DMV hearing is an administrative process separate from the criminal court proceedings. Its sole purpose is to review the circumstances of your DUI arrest and determine if your driver’s license should be suspended. The hearing focuses on the legality and details of the arrest rather than guilt or innocence concerning the DUI charge itself.

Legal Basis

The DMV hearing process is governed by California Vehicle Code § 13558, which mandates an immediate administrative review following a DUI arrest involving a blood alcohol concentration (BAC) of 0.08% or higher, refusal to submit to a chemical test, or other specific circumstances.

Importance of the DMV Hearing

Impact on Driving Privileges

One of the most significant consequences of a DUI arrest is the potential suspension of your driver’s license. A DMV hearing can prevent this suspension, allowing you to continue driving legally. Losing your driving privileges can severely impact your daily life, including commuting to work, fulfilling family responsibilities, and maintaining independence.

Independent from Criminal Case

The DMV hearing operates independently from your criminal case. Even if your DUI charges are reduced or dismissed in court, the DMV can still enforce a license suspension based on its own review. Thus, participating in the DMV hearing is crucial regardless of the criminal proceedings.

Immediate Action Required

You have only 10 days from the date of your arrest to request a DMV hearing. Failure to request a hearing within this timeframe results in an automatic suspension of your license. Prompt action is essential to preserve your right to a hearing and contest the suspension.

The DMV Hearing Process

Requesting a Hearing

To initiate the process, you or your attorney must contact the DMV Driver Safety Office to request a hearing within 10 days of your arrest. It’s advisable to have an attorney make this request to ensure proper documentation and adherence to procedures.

Hearing Notice

Once the hearing is requested, the DMV will send a notice confirming the date, time, and location of the hearing. These hearings are typically conducted over the phone, although in-person hearings are also possible.

Preparing for the Hearing

Effective preparation is key to a successful DMV hearing. Here’s how you can prepare:

1. Gather Documentation

Collect all relevant documents, including:

  • The police report and arrest records.
  • Results of any chemical tests (breath, blood, or urine tests).
  • Any field sobriety test results.
  • Witness statements or evidence that may support your case.
2. Understand the Issues

The DMV hearing will focus on specific issues:

  • Did the officer have reasonable cause to believe you were driving under the influence?
  • Were you lawfully arrested?
  • Did you refuse or fail to complete a chemical test?

Your defense should address these points directly.

3. Subpoena Witnesses

You have the right to subpoena witnesses, including the arresting officer. Their testimony can be crucial in challenging the evidence against you.

4. Consult an Attorney

An experienced DUI attorney can help prepare your defense, gather evidence, and represent you at the hearing. Their expertise in DMV procedures and DUI laws can significantly increase your chances of a favorable outcome.

What to Expect at the DMV Hearing

Hearing Procedure

During the hearing, the DMV hearing officer will review the evidence and listen to testimony from both sides. The hearing officer acts as both judge and jury, making the final decision based on the presented evidence.

Presenting Your Case

Your attorney will present your case, challenging the legality of the traffic stop, the arrest, and the administration of any chemical tests. This may involve:

  • Questioning the validity of the breathalyzer or blood test results.
  • Arguing procedural errors during the arrest.
  • Highlighting any violations of your constitutional rights.

Hearing Outcome

The hearing officer will make a decision based on the evidence and testimony. There are several possible outcomes:

  • License Suspension Upheld: If the suspension is upheld, the DMV will enforce the suspension period based on your specific circumstances (e.g., first-time offense, refusal to test).
  • License Suspension Set Aside: If the hearing officer finds insufficient evidence, your license will not be suspended, and you can continue driving without interruption.

After the DMV Hearing

If Your License is Suspended

If the DMV upholds the suspension, you may have options for limited driving privileges, such as a restricted license that allows you to drive to work or school. This typically requires enrollment in a DUI education program and proof of insurance (SR-22).

Appealing the Decision

If you disagree with the hearing officer’s decision, you can appeal through the following methods:

  • Administrative Review: Requesting a formal review by the DMV.
  • Writ of Mandate: Filing a petition with the Superior Court for judicial review.

Conclusion

Understanding the DMV hearing process and preparing effectively is crucial for anyone facing a DUI charge in California. The stakes are high, as the outcome determines your ability to drive legally. Promptly requesting a hearing, gathering evidence, and securing experienced legal representation can significantly impact the result. Remember, the DMV hearing is a separate but equally important part of the DUI process, and addressing it with the same diligence as your criminal case can make all the difference.

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