DMV Administrative Hearing

DMV Administrative Hearing

If your license is suspended by the DMV after a DUI arrest, you have the right to challenge the suspension at an administrative hearing. This hearing gives you a chance to contest the suspension and try to retain your driving privileges.

Understanding how DMV hearings work and the strategies for winning is key. This article provides an overview of topics related to DMV administrative hearings, including:

• The hearing process and timeline
• What the DMV must prove
• Evidence rules
• Potential defenses
• Having an attorney represent you
• Consequences if you lose

The DMV Hearing Process

After a DUI arrest involving failed or refused chemical testing, here is the typical DMV hearing process timeline:

1. You receive a notice of suspension from the DMV
2. You request a hearing within 10 days
3. The DMV schedules a hearing within 30 days
4. The hearing is conducted by phone with a DMV hearing officer
5. The officer and you present evidence
6. The hearing officer makes a final decision

This is your only chance to challenge the suspension before it goes into effect. Prepare your case thoroughly.

What the DMV Must Prove

At the hearing, the DMV’s burden is to present evidence showing:

• The officer had legal reason to stop you
• The officer had probable cause to arrest you for DUI
• You were properly advised of the implied consent law
• You failed or refused BAC testing when required

If the DMV fails to establish these facts, you should win the hearing and avoid suspension.

DMV Hearing Evidence Rules

The hearing officer follows California evidence rules. Key things to know:

• Hearsay evidence is admissible
• The officer’s sworn statement is admissible
• You can object to improper opinions and conclusions
• You can object to uncertified documents

Understand the evidence rules so you can raise proper objections.

Potential Defenses at the Hearing

Some potential DMV hearing defenses include:

• No probable cause for the DUI arrest
• Flawed breath or blood test procedures
• Officer failed to advise you of implied consent rights
• Errors in the officer’s sworn statement
• You were denied a blood or breath test choice

An attorney can help assess defenses and challenge the DMV’s evidence.

Having an Attorney Represent You

Navigating the DMV hearing process without legal help is extremely difficult. Hiring a DUI lawyer provides these key benefits:

• Reviews police reports to spot issues
• Subpoenas body cam footage
• Conducts pre-hearing witness interviews
• Raises objections to inadmissible evidence
• Questions the arresting officer
• Presents factual and legal defenses
• Handles all paperwork and communications

Let an attorney handle the hearing to maximize your chances of victory.

Consequences if You Lose the Hearing

If you lose the DMV hearing, your license suspension will go into effect. You won’t have any driving privileges for the suspension term.

You’ll need to retake the written license exams to reinstate your license once the suspension ends. An ignition interlock device may also be required.

The Hearing is Separate from Your Criminal Case

It’s important to understand the DMV hearing is an administrative civil proceeding, completely separate from your DUI criminal charges.

Even if your DUI charges get dismissed or reduced, you can still lose your DMV hearing and face suspension. The hearing outcome does not impact your criminal case.

Typical Suspension Periods

Here are the typical DMV license suspension periods after losing your administrative hearing:

• 1st Offense – 4 Months
• 2nd Offense – 1 Year
• 3rd Offense – 3 Years

These are mandatory minimums. The DMV cannot make exceptions or allow restricted licenses.

The 10 Day Hearing Request Deadline

Missing the 10-day deadline to request a hearing results in an automatic suspension. This deadline cannot be extended.

Act immediately to contact the DMV and request your hearing after receiving a suspension notice. Time is critical.

Conclusion

Fighting your DUI suspension at a DMV hearing is complex but absolutely essential. Partner with an experienced attorney to maximize your chances of victory.

Understanding the administrative hearing process puts you in a better position to defeat the DMV’s case. Don’t take chances with your license – request your hearing today.