What Is the Process for a DMV Hearing After a DUI Arrest in California?

What Is a DMV Hearing and Why Is It Important?

Whether you’re facing a first-time DUI offense or you’ve had multiple DUI convictions, you may need to deal with a DMV hearing in addition to proceedings in criminal court. The hearing option offered by the DMV is to determine whether the automatic license revocation that occurs upon a DUI arrest is appropriate.

Why Does the DMV Offer an Option for Administrative Hearings?

The DMV administrative hearing is offered to give you a chance to demonstrate that an arrest may not have been warranted. It isn’t about whether you are innocent or guilty but whether the arrest was conducted appropriately.

The reason you have a chance to contest this under California law is because a DUI arrest causes the DMV to automatically suspend your license. At the same time, even after your arrest, you are presumed innocent until proven guilty. The DMV cannot deprive you of your legally obtained driving privileges without due process. The administrative hearing is seen as that due process.

Potential Timelines

If you are arrested for DUI, the following events typically occur:

• The police officer takes your driver’s license
• The officer sends the license and a report to the DMV
• The DMV conducts an administrative review of the arrest, which includes a review of relevant reports and tests, to determine if it will uphold the automatic license suspension
• If you want an administrative hearing on the matter, you must request it within 10 days of receiving a license revocation or suspension order
• Typically during this time, you are still able to drive on a temporary 30-day license provided to you by the police officer, assuming your license was valid at the time of the arrest

The DMV suspension of your license is separate from any potential consequences you might face if you are convicted of the DUI in court. If the DMV upholds its decision to suspend or revoke your license, how long the suspension lasts depends on whether you refused a chemical test and whether you have any past DUI charges or convictions.

For a first-time offense where you took the chemical test if asked to do so, the suspension is typically four months. If you are acquitted in court on the charges, you can petition the DMV to reverse the suspension. However, being found innocent in court doesn’t automatically mean the DMV reverses its suspension.

What Happens During the Hearing?

The information considered and decisions made at a DMV hearing are not the same as those relevant to your criminal court hearings. The DMV hearing addresses whether the arrest was lawful. Some things that will be considered include:

• Whether the law enforcement officer had legitimate reason to believe you were intoxicated
• Whether you were actually driving a vehicle at the time you were intoxicated
• Whether you were appropriately informed of the consequences of refusing a chemical test if a law enforcement officer asked you to take one

What Are Some Possible Outcomes of the DMV Hearing?

There are two general potential outcomes of this type of DMV hearing. The first is that the automatic suspension or revocation of your license related to the DUI arrest is upheld. This means that you may not be able to legally operate a vehicle until your license is reinstated in full or you are able to get a restricted license.

The second potential outcome is that the license revocation or suspension is overturned. This means that you can legally drive again.

However, the DMV administrative decision has no bearing on criminal court matters. Technically, it’s possible to win your DMV administrative court hearing but later lose license privileges as part of penalties if you are found guilty of DUI in court.

Why It’s Important to Work With a Lawyer When Facing DUI Charges

While a DUI charge, especially a first offense, may seem like a fairly straightforward matter on the surface, a defense to these types of charges can require several layers. Just keeping matters straight between DMV administrative hearings and actual criminal court hearings can be daunting, especially when you’re stressed about the outcome of your case and worried about your ability to drive or your future freedom.

An experienced San Bernadino DUI defense attorney can help you keep those details straight. They start by explaining the processes you face and the potential outcomes of each. Your attorney takes time to listen to your story and will work on your behalf to gather evidence for your defense. They can also help you understand the risks of various defense strategies, provide the information you need to decide which path might be right for you, and work to protect your rights and interests throughout criminal court proceedings.

Don’t face DUI charges alone. Whether you’re preparing to argue your case at a DMV hearing, trying to demonstrate your innocence in court, or want to negotiate a plea bargain, a knowledgeable DUI attorney can help support the chances of a better outcome in your case. To start working with an experienced DUI defense team, call Patrick Silva, Attorneys at Law, at 909-500-4819 as soon as possible after you have been arrested for or charged with driving under the influence.