A DMV hearing is a crucial administrative proceeding that occurs separately from the criminal court process following a DUI arrest. Unlike a criminal trial, the DMV hearing focuses solely on whether your driver’s license should be suspended or revoked. It is an essential step in protecting your driving privileges. Losing your license can affect your ability to work, care for family, or meet other obligations. This makes the DMV hearing a key part of any DUI defense strategy.
If you’ve been arrested for DUI in California, act quickly to protect your driving privileges. Contact a knowledgeable DUI defense attorney to guide you through the DMV hearing process and help preserve your license.
California DUI Laws and Legal Limits
A DUI (Driving Under the Influence) charge is a serious criminal offense in California, carrying both legal and administrative consequences. Under California law, anyone caught operating a motor vehicle while impaired by alcohol, drugs, or certain medications can be charged with a DUI. These substances can negatively impact a person’s ability to drive, thus putting the driver, passengers, and others on the road at serious risk.
DUI offenses in California are governed by California Vehicle Code 23152 (2024). According to this statute, a driver is legally considered “under the influence” if their Blood Alcohol Concentration (BAC) level; meets or exceeds the state’s legal limit, which is 0.08%. for drivers age 21and over. A BAC level can be measured through a breathalyzer or blood test, and it serves as critical evidence in determining impairment at the time of the incident.
Two Types of Legal Processes After a DUI Arrest
What many people don’t realize is that a DUI arrest triggers two separate legal proceedings: the DMV administrative hearing and the criminal court case. These are entirely distinct processes with different purposes. The DMV hearing focuses solely on your driving privileges, specifically, whether your license should be continued to be suspended or revoked. On the other hand, the case in the criminal court, will presumably eventually end up in a trial before a jury. The trial will determine whether you are legally guilty of the DUI offense and a conviction could result in serious penalties under the law, such as fines, probation, mandatory DUI education programs, or even jail time. As such, always contact a DUI attorney if you or a loved one is facing criminal charges.
The DMV Hearing Process
Following a DUI arrest, the accused driver’s license is usually immediately suspended or revoked. However, the driver has the right to request a DMV hearing within 10 days of receiving notice of the suspension. This hearing is the driver’s opportunity to challenge the suspension and present evidence in their defense, including witness testimony.
After every California DUI arrest, the arresting officer is legally required send notice of the license suspension or revocation to the DMV. The DMV must then conduct an administrative investigation of the case and the license suspension. This includes reviewing the officer’s report, the results of any chemical tests, and other relevant documents. If the review finds no legal basis for suspension or revocation, the action will be set aside.
If a hearing is requested within 10 days, a hearing will be held before a Driver Safety Hearing Officer (not a judge, like in criminal court.) At the end of the hearing, the Driver Safety Hearing Officer will decide whether to uphold the suspension/ revocation, modify it, or rescind it. The outcome can affect not only your ability to drive but also your insurance rates and you’re standing in any subsequent court proceedings.
Contact The Law Office of Nicolai Cocis For DUI Defense
Although the DMV hearing is separate from the criminal court case, it is crucial to also be represented at the hearing in order to defends your driving privileges. The Law Office of Nicolai Cocis has a strong track record of successfully defending clients against DUI charges, including cases involving license suspension or revocation. We are prepared to put our knowledge and skill to work for you. Contact us today to schedule a consultation regarding your DMV hearing.
