If you're arrested for DUI in California, your driving privileges are at risk beyond criminal charges.
.California law mandates that the DMV will automatically suspend your license unless you act quickly. While it's important to defend yourself in criminal court, handling the administrative issues related to your license is equally vital.
Here's an overview of the DMV hearing process.
The DMV hearing is a process where an agency officer reviews evidence in a DUI case and determines whether to suspend your license.
This hearing is separate from any criminal case. You have the right to be represented by an attorney at your own cost. Instead of a courtroom, the hearing takes place at a local DMV office or, more commonly, via phone.
DMV employees, not judges, conduct the hearing. Typically, the hearing officer has received special DMV training to run the hearing but does not possess a law degree.
Key Takeaways
- The DMV hearing is officially known as a Driver Safety Administrative Per Se (APS) hearing.
- These administrative hearings take place at a local California DMV safety branch or are conducted via phone.
- In California, your driver's license will be confiscated if you are arrested for drunk driving.
- 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 lapse after 30 days, leading to an automatic suspension of your driver's license.
Testimony from the Arresting Officer
During the hearing, the arresting officer will testify about the events that occurred. They will usually submit the police report as evidence.
This testimony typically covers why the traffic stop was started, your appearance, your 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 took a breathalyzer or provided a blood or urine sample, along with the resulting blood alcohol content (BAC) reading.
Your criminal defense attorney has the right to cross-examine the arresting officer.
Sharing Your Perspective
Once the law enforcement officer has laid out their case, you may respond with your side of the story. Besides the right to cross-examine the police officer, you can also question other evidence, subpoena witnesses, present your own witnesses, and testify for yourself.
Depending on the case's circumstances, you might have a valid defense.
Common defenses include not driving the vehicle or the police's lack of enough probable cause to make the traffic stop.
You can also claim that the officer did not perform the necessary 15-minute observation period or failed to inform you of the consequences of refusing a breathalyzer.
Automatic License Suspension
In California, your driving privileges are at risk immediately after a DUI arrest. When law enforcement issues a suspension notice, a countdown begins. You must request a DMV hearing within 10 days of your arrest.
Missing this deadline results in an automatic license suspension 30 days post-arrest, even if you are not convicted of a DUI.
This administrative action is completely independent of the criminal case. Even if the DUI charge is dropped, the suspension can remain unless you actively contest it.
What is the DMV Hearing Process?
If you request a hearing within the 10 days, you'll have the opportunity to present your case before a DMV Driver Safety Hearing Officer.
This hearing is an administrative review, not a trial, to assess whether your license suspension or revocation is justified.
During the hearing, you'll learn the legal reasons for the proposed suspension. You can challenge the evidence, review the DMV's materials, and offer witnesses or testimony in your defense.
For instance, you might question the accuracy of the breathalyzer test or raise issues about how the field sobriety tests were conducted during your arrest.
The DMV hearing officer reviews all evidence and determines whether to uphold, modify, or overturn the suspension. This decision is typically delivered in writing within 30 days of the hearing.
If the suspension is upheld, it usually takes effect a few days after you receive the notice. Essentially, after evaluating the evidence, the officer will decide if it's more likely than not that you were under the influence. This standard of proof differs from that in a criminal DUI case, and it is a key point.
In criminal cases, the prosecutor must prove their case beyond a reasonable doubt. However, in DMV hearings, they only need to establish their case by a preponderance of the evidence.
This means demonstrating that it was more likely than not that you were under the influence. Because this standard is lower, it makes it easier for law enforcement to win. To increase your chances of defeating DUI charges, it is advisable to consult a DUI defense lawyer.
What is the Length of a Driver's License Suspension?
In California, your license suspension varies based on your previous record and the specifics of the incident, such as:
- First-time offenders typically serve a suspension of 6 to 10 months.
- A DUI resulting in injury carries a suspension of 1 year.
- Refusing a chemical test results in a one-year suspension.
- A second DUI offense results in a 2-year suspension.
- A second offense resulting in injury carries a suspension of 3 years.
- Refusing a chemical test for the second time results in a two-year suspension.
- A third DUI offense results in a 3-year suspension.
- The third offense resulting in injury carries a suspension of 5 years.
- Refusing a chemical test for a third offense results in a three-year suspension.
- The fourth or later offenses result in a 4-year suspension.
You might reduce your suspension period by installing an ignition interlock device (IID). You could also qualify for a restricted license. However, 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 succeed in your DMV hearing, your driving privileges will be restored. Additionally, this victory can strengthen your position in your DUI criminal case.
If law enforcement fails to meet its burden of proof, the DMV hearing officer will annul the action, leading to the dismissal of the license suspension and the preservation of your driving rights.
Although the DMV hearing is separate from the criminal DUI case, a win at the hearing often indicates that the prosecutor's case may be weak or flawed.
However, the consequences for the criminal case are not certain. Some prosecutors may respond to losing at the DMV hearing by proposing a plea deal or dismissing the case, whereas others will continue pursuing the DUI charge.
What Happens if You Lose the DMV Hearing?
If you do not win the DMV hearing, your driver's license will be suspended. However, the DMV cannot issue fines or jail you. The duration of the suspension will vary based on the case details and your history of DUI convictions.
Typically, first-time offenders face a suspension of up to one year. If you lose the DMV hearing, you have the right to appeal the decision, which may lead to an internal administrative review.
Importantly, the criminal DUI case remains pending, and a judge can impose additional penalties such as jail, fines, rehab, counseling, or community service.
Why You Need a DUI Attorney
You have the right to represent yourself at a DMV hearing, but because of legal complexities, it may be harder to persuade the DMV officer to lift your suspension.
Having your DUI defense attorney also represent you at the hearing offers several benefits and improves your chances of maintaining your license. Here are some ways your attorney can assist:
- Requesting a later hearing date is a strategic move that an experienced attorney can manage. They may negotiate for a postponement to gain additional time for preparation, which can greatly improve the chances of a favorable outcome.
- Your attorney is authorized to represent you at the DMV hearing, which may eliminate the need for you to attend personally, depending on the circumstances.
- A skilled DUI attorney will scrutinize the DMV's evidence to find flaws. They might subpoena key documents, such as breathalyzer maintenance records, which could reveal calibration problems or past malfunctions. Also, your lawyer may call the arresting officer as a witness to point out errors in their investigation or gaps in their training.
- The DMV hearing process includes specific procedural rules and a unique evidentiary standard. An attorney helps you exercise your rights fully, whether by cross-examining witnesses, submitting exculpatory evidence, or making strong legal arguments.
Even if the DMV rules against you, you still have options. You can request a departmental review or appeal in Superior Court. Both processes involve strict deadlines and additional costs, but they can sometimes overturn unfavorable decisions. Having an attorney assist you increases your chances of success.
If you've been arrested for a DUI in California, time is of the essence. Failing to request a DMV hearing within 10 days means forfeiting your chance to contest the suspension of your license.
More importantly, having professional legal representation greatly increases your likelihood of success. Contact the California criminal defense lawyers at Cron, Israels & Stark for a case review.
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