If you're arrested for DUI in California, beyond the criminal proceedings, you also face an immediate threat to your driving privileges. This is a serious matter under California law, as the Department of Motor Vehicles (DMV) will automatically suspend your driver's license unless you take prompt action.
While defending yourself in criminal court is essential, it's just as critical to address the administrative consequences tied to your license. Knowing about the DMV hearing process and why having legal representation can significantly increase your chances of a successful outcome. With the right legal team, there's hope for a positive resolution.
The DMV hearing is where an officer for the agency will hear evidence of an alleged case of driving under the influence (DUI) and decide whether to suspend your driver's license. The hearing is independent of the criminal case. You have a right to an attorney at the hearing at your expense.
The hearing is not held in a courtroom. Instead, it happens at a local office of the state's Department of Motor Vehicles (DMV) or, more commonly, over the phone.
The person conducting the hearing is not a judge. Instead, they are DMV employees. In most cases, the hearing officer will have special training by the DMV to conduct the hearing, but will not have a law degree.
Testimony During Hearing
At the hearing, the arresting police officer will testify about what happened. They will often file the police report as evidence. This testimony will generally include information about why the traffic stop was initiated in the first place, how you looked, or how you interacted with the officer, and how you performed on field sobriety tests (FSTs).
It will also include whether you refused a chemical test or breathalyzer, and if you took a breathalyzer or gave a blood or urine test, the resulting blood alcohol content (BAC) reading. Your criminal defense attorney has the right to cross-examine the arresting officer.
After the police officer has presented their case, you can present your side of the story. In addition to the right to cross-examine the police officer, you can also challenge other evidence, subpoena and present witnesses, and testify on your behalf.
Depending on the circumstances of the case, you may have a valid defense. Some of the most common include that you were not driving the vehicle or the police officers did not have sufficient probable cause to initiate the traffic stop.
Other defenses could be that the officer did not conduct the required 15-minute observation period or failed to advise you of the repercussions of refusing a breathalyzer.
Automatic License Suspension
California operates under a system where your driving privileges are immediately at risk upon a DUI arrest. When law enforcement issues a notice of suspension, a countdown begins. You have a mere 10 days from your arrest to request a DMV hearing.
This is a crucial deadline that cannot be missed. Failure to meet it results in an automatic license suspension 30 days after the arrest, regardless of the eventual DUI conviction status. The clock is ticking, and your prompt action is crucial.
This administrative action is entirely separate from the criminal case. Even if the DUI charge is dismissed, the suspension may still stand unless you successfully challenge it.
The DMV Hearing Process
If you request a hearing within the 10-day window, you will have the chance to make your case before a DMV Driver Safety Hearing Officer. This hearing is not a trial but rather an administrative review to determine whether the suspension or revocation of your license is justified.
At the hearing, you'll be informed of the legal grounds for the proposed suspension. You will also have the opportunity to challenge the evidence, review the materials presented by the DMV, and present witnesses or testimony in your defense.
For example, you may dispute the accuracy of the breathalyzer test or raise concerns about how the field sobriety tests were administered during your arrest.
During the DMV hearing, the hearing officer reviews all the evidence and makes a decision. This decision, typically communicated in writing within 30 days of the hearing, could uphold, modify, or overturn the suspension.
Understanding these potential outcomes is crucial for your preparation. By being well-informed, you can be better prepared for the hearing and its potential outcomes.
Preponderance of the Evidence
In other words, after hearing the evidence, the DMV hearing officer will decide whether a preponderance of the evidence shows that you were under the influence. This burden of proof differs from the criminal DUI case and is important.
'Preponderance of the evidence' means that the evidence shows it was more likely than not that you were under the influence, a lower burden of proof than 'beyond a reasonable doubt' required in criminal cases.
In criminal cases, the prosecutor must prove their case beyond a reasonable doubt. However, in DMV hearings, they only need to prove it by a preponderance of the evidence. This is satisfied if the evidence shows that it was more likely than not that you were under the influence. This lower burden of proof makes it easier for law enforcement to win, underscoring the importance of legal advice from a DUI defense lawyer.
This lower burden of proof makes it easier for law enforcement to win. To have the best chance of beating DUI charges, you need to get legal advice from a DUI defense lawyer, who can help you understand the process, prepare your defense, and represent you at the hearing, significantly increasing your chances of a successful outcome.
DMV Hearing Quick Facts
- The DMV hearing is formally called a Driver Safety Administrative Per Se hearing or APS hearing.
- These administrative hearings are held at a local California DMV safety branch office or through a phone call.
- If you are arrested for drunk driving in California, you will have your driver's license confiscated.
- You will be given a pink notice of suspension, which serves as your temporary license for 30 days.
- The notice informs you that you are entitled to a DMV hearing, but it must be requested within 10 days of the arrest.
- If no request is made, the notice of suspension will expire after 30 days, and your driver's license will automatically be suspended.
Length of DL Suspension
In California, the length of a driver's license suspension depends on the specific details of the case, such as the following:
- First-time offenders are 6 - 10 months.
- DUI causing an injury is 1 year.
- Refusing a chemical test is 1 year.
- Second offense DUI is 2 years.
- Second offense causing injury is 3 years.
- Second offense chemical test refusal is 2 years.
- Third offense DUI is 3 years.
- Third offense causing injury is 5 years.
- Third offense chemical test refusal is 3 years.
- Fourth or subsequent offense is 4 years.
However, you might be able to shorten the suspension by installing an ignition interlock device (IID). You may also be eligible for a restricted license. Suppose you have prior DUIs within 10 years. In that case, you could be facing a driver's license revocation.
What Happens If You Win?
If you win your DMV hearing, you will get back your driving privileges. You can also use the victory as leverage in your criminal DUI case. Suppose law enforcement fails to meet its burden of proof. In that case, the DMV hearing officer will set aside the action.
This means the pending license suspension will be dismissed, and you will keep your driving privileges. As noted, the DMV hearing is separate from the criminal DUI case. Still, if you win the DMV hearing, it is often a sign that the prosecutor's criminal case is flawed or weak.
Notably, however, the repercussions for the criminal case are not guaranteed. Some prosecutors will react to the loss at the DMV hearing by offering a plea deal or dropping the case, while others will move forward with the DUI case.
What Happens If You Lose?
Even if the DMV rules against you, all hope is not lost. You have the right to request a departmental review of the decision or appeal it in Superior Court. Both options require adherence to strict timelines and incur additional costs, but these steps can sometimes reverse unfavorable outcomes.
Once again, having an attorney to guide you through these avenues will improve your chances of success.
Simply put, if you lose the DMV hearing, then your driver's license will be suspended. However, the DMV cannot impose fines or send you to jail.
The length of the license suspension will depend on the circumstances of the case. It will also depend on whether you have any DUI convictions in your past. Generally, for first-time offenders, the suspension may be up to one year. If you lose the DMV hearing, you do have a right to appeal the outcome.
Notably, the criminal DUI case will still be pending. In this case, a judge can sentence you to other penalties, such as jail, fines, rehab, counseling, and community service.
Why You Should Hire a DUI Attorney
You have the right to represent yourself at a DMV hearing, but given the legal complexities, it can be more difficult to convince the DMV officer to rescind your suspension. Allowing your DUI defense attorney to also represent you at your DMV hearing presents several advantages and increases your chances of keeping your license active. Here are some ways your attorney can help:
- Requesting a Later Hearing Date: An experienced attorney knows how to manage your case's timeline strategically. For instance, they can negotiate a later hearing date to allow more time to build a defense. This extra preparation can make a significant difference in the outcome.
- Appearing on Your Behalf: Your attorney is authorized to appear on your behalf at the DMV hearing. This means you may not even need to attend the hearing personally, depending on the circumstances.
- Challenging Questionable Evidence: A skilled DUI attorney will analyze the DMV's evidence to identify weaknesses. They may subpoena crucial documentation, such as the breathalyzer maintenance records, which could reveal calibration issues or a history of malfunctions. Additionally, your lawyer may call the arresting officer as a witness to highlight errors in their investigation or training deficiencies.
- Protecting Your Rights: The DMV hearing process involves procedural rules and an unfamiliar evidentiary standard. An attorney ensures that you fully exercise your rights, whether by cross-examining witnesses, presenting exculpatory evidence, or making compelling legal arguments.
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. For more information, contact our California criminal defense lawyers at Eisner Gorin LLP, located in Los Angeles.
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