Being arrested for DUI in California not only leads to criminal charges but also puts your driving privileges in jeopardy. Under California law, the Department of Motor Vehicles (DMV) is authorized to automatically suspend your driver's license unless you take immediate steps to prevent it.

While defending yourself in criminal court is important, it's equally vital to handle the administrative issues related to your license. Here's what you should understand about the DMV hearing process.

The DMV hearing is a crucial step where an agency officer reviews the evidence of a suspected DUI and decides whether to suspend your driver's license. It's important to note that this hearing is separate from the criminal case, and you have the right to have an attorney present at your own cost.

The hearing does not take place in a courtroom. Instead, it is usually held at a local DMV office or conducted over the phone.

It's essential to recognize that the hearing is not presided over by judges, but rather by DMV employees. The hearing officer, who typically has specialized DMV training but not a law degree, conducts the hearing.

Testimony of the Arresting Officer

At the hearing, the arresting police officer will testify about what happened. They will often submit the police report as evidence. This testimony typically covers the reasons for the traffic stop, your appearance, interactions with the officer, and your performance on field sobriety tests (FSTs).

It will also specify whether you refused a chemical breath test or breathalyzer, and if you underwent a breathalyzer, blood test, or urine test, along with the resulting blood alcohol content (BAC) reading. Your criminal defense attorney can cross-examine the arresting officer.

Your Perspective on the Situation

After the law enforcement officer has made their case, you may then share your side of the story. Besides the right to cross-examine the officer, you can also contest other evidence, subpoena witnesses, and testify for yourself.

Depending on the specific circumstances, you might have a valid defense. Common defenses include not being the driver of the vehicle or the police lacking enough probable cause to make the traffic stop.

You might also argue that the officer did not carry out the mandatory 15-minute observation period and failed to inform you of the consequences of refusing a breathalyzer.

The Automatic License Suspension

California's system means your driving privileges are at risk immediately after a DUI arrest. When police give you a notice of suspension, a countdown begins. You must request a DMV hearing within 10 days of your arrest.

Failing to attend this window will result in your license being automatically suspended 30 days after arrest, regardless of the DUI conviction. This administrative suspension is separate from the criminal case. Even if the DUI charge is dismissed, the suspension might remain unless you actively contest it.

What is the DMV Hearing Process?

If you request a hearing within 10 days, you'll have the empowering opportunity to present your case to a DMV Driver Safety Hearing Officer. This hearing isn't a trial, but rather an administrative review where you can contest the evidence and present witnesses or testimony to support your case.

During the hearing, you will learn the legal basis for the proposed suspension. You will also have the chance to contest the evidence, review materials provided by the DMV, and present witnesses or testimony to support your case.

For instance, you might challenge the accuracy of the breathalyzer results or question the procedures used during the field sobriety tests at the time of your arrest.

The DMV hearing officer reviews all evidence and determines whether to uphold, alter, or revoke the suspension. This decision, typically communicated in writing within 30 days after the hearing, is a crucial part of the process that you should be prepared for.

In essence, after reviewing the evidence, the DMV hearing officer will determine whether the evidence suggests it is more likely than not that you were under the influence. This standard of proof is different from that used in a criminal DUI case and is a key factor.

In criminal cases, the prosecutor must prove their case beyond a reasonable doubt. In DMV hearings, however, they only need to demonstrate that it is more likely than not that you were under the influence, which is proven by a preponderance of the evidence.

This reduced burden of proof simplifies the process for law enforcement to succeed. To improve your chances of overcoming DUI charges, it is essential to seek legal advice from a DUI defense lawyer.

Quick Facts on the DMV Hearing

• The DMV hearing is formally called a Driver Safety Administrative Per Se (APS) hearing.
• These administrative hearings take place at a local California DMV safety branch office or are conducted via phone.
• If you're arrested for drunk driving in California, your driver's license will be confiscated.
• You will receive a pink suspension notice, which acts as your temporary license valid for 30 days.
• The notice states that you have the right to a DMV hearing, but you need to request it within 10 days of your arrest.
• If you do not make a request, the suspension notice will expire after 30 days, and your driver's license will be automatically suspended.

How Long is the DL Suspension?

In California, your license suspension varies based on your previous record and the specific incident, such as the examples below:

• First-time offenders serve a penalty of 6 to 10 months.
• DUI resulting in an injury carries a penalty of 1 year.
• Refusing a chemical test results in a one-year penalty.
• A second DUI offense results in a 2-year penalty.
• The second offense resulting in injury carries a 3-year penalty.
• Refusing a chemical test for the second time results in a two-year penalty.
• The penalty for a third DUI offense is three years.
• The third offense resulting in injury carries a penalty of 5 years.
• Refusing a chemical test on a third offense results in a three-year penalty.
• A fourth or later offense results in a 4-year penalty.

However, installing an ignition interlock device (IID) might allow you to shorten the suspension period. You could also qualify for a restricted license. If you have had previous DUIs within the last 10 years, your driver's license could be revoked.

What Happens if you win the DMV hearing?

If you win your DMV hearing, your driving privileges will be restored. Additionally, this victory can be used as leverage in your criminal DUI case. If law enforcement does not meet its burden of proof, the DMV hearing officer will overturn the action.

This means your pending license suspension will be canceled, allowing you to retain your driving privileges. As mentioned, the DMV hearing is a separate process from the criminal DUI case. However, winning the DMV hearing often indicates that the prosecutor's criminal case may be weak or flawed.

However, the consequences for the criminal case are not certain. Some prosecutors may respond to a loss at the DMV hearing by proposing a plea deal or dropping the case, whereas others will continue to pursue the DUI case.

What if you Lose the DMV hearing?

If you lose the DMV hearing, your driver's license will be suspended. However, the DMV cannot impose fines or jail time. The duration of the suspension depends on the case details and whether you have any prior DUI convictions.

Typically, for first-time offenders, the suspension can last up to one year. If you do not succeed in the DMV hearing, you have the right to appeal the decision. The appeal process may lead to an internal administrative review.

The criminal DUI case will remain pending, with the judge potentially imposing additional penalties like jail, fines, rehab, counseling, or community service.

Why Hiring a DUI Attorney Matters

You have the right to represent yourself at a DMV hearing, but due to legal complexities, it may be more challenging to persuade the DMV officer to lift your suspension.

Hiring your Los Angeles DUI attorney to handle your DMV hearing also offers several benefits and can improve your chances of maintaining your license. Here are some ways your attorney can assist:

• Later Hearing Date: An experienced attorney understands how to manage your case's timeline effectively. For example, they might negotiate to delay the hearing date to give you more time to prepare your defense. This additional preparation can greatly influence the case's outcome.
• Appearing on Your Behalf: Your attorney can represent you at the DMV hearing, so you might not need to attend it in person, depending on the situation.
• Challenging Evidence: A knowledgeable DUI attorney will review the DMV's evidence to find vulnerabilities. They might subpoena key documents, such as breathalyzer maintenance logs, which could reveal calibration problems or past malfunctions. Furthermore, your lawyer may summon the arresting officer to testify regarding errors in their investigation or training shortcomings.
• Your Rights: The DMV hearing process follows procedural rules and an unfamiliar evidentiary standard. An attorney helps ensure you fully exercise your rights, whether by cross-examining witnesses, presenting exculpatory evidence, or making strong legal arguments.

Even if the DMV rules against you, there is still hope. You can request a departmental review or appeal the decision in Superior Court. Both options have strict deadlines and involve extra costs, but they can sometimes change an unfavorable result. Having an attorney to help you navigate these processes can increase your chances of success.

If you've been arrested for a DUI in California, acting quickly is crucial. You must request a DMV hearing within 10 days; otherwise, you'll lose the right to challenge your license suspension.

Having experienced legal support significantly improves your chances of a favorable outcome. Reach out to the Hedding Law Firm for further assistance.