What is a DMV Hearing?
If the DMV orders a discretionary action against an individual's driving privilege, that person has the right to a hearing to challenge the action and review the evidence supporting it.
The person must request the hearing within 10 days of receiving notice that action has been taken against their driving privilege. The hearing is held before a DMV Driver Safety Hearing Officer, and the hearings are conducted by telephone or in person.
At the hearing, the driver is informed of the legal grounds for the discretionary action, and he or she can challenge the evidence against them, and attempt to persuade the DMV to modify or rescind the action.
Following the hearing, the DMV officer will make a decision to uphold, modify, or rescind the discretionary action.
How to Win a DMV DUI Hearing
There are several legal strategies that can help drivers win at a DMV DUI hearing. These include proving that police lacked probable cause to stop the motorist for a DUI, and/or that police failed to follow proper procedures in obtaining the blood or breath test.
Drivers may also attempt to show that they had a blood alcohol concentration (BAC) under .08%, that they were not “driving” the vehicle, and/or that they did not refuse to submit to a breath or blood test.
How Long is Your Driver's License Suspended for a DUI in California?
If you are convicted of a DUI in California, the DMV will suspend your driver's license for 6 to 10 months. You may also be subject to fines, penalties, and other restrictions, in addition to having your driving privilege suspended.
Related Article: How Many Points is a Speeding Ticket
What is the Court Process for a DUI?
Almost all DUIs are misdemeanor offenses, so they follow the same court process as any other misdemeanor. The 3 main steps are the arraignment, pretrial conference, and the trial. Most DUI cases never go to trial.
Related Article: Am I Allowed to Drive After Taking CBD?
How Do I Get My Driver's License Reinstated?
After having your driver's license suspended, you will need to apply for reinstatement after the suspension period has ended. This entails paying the reinstatement fee, producing proof of auto insurance coverage, and filling out the necessary forms at your local DMV office.
Related Articles:
- DMV Suspended License Reinstatement
- Renew Your Driver’s License and Avoid License Renewal Fees
- How Do I Lookup a Dui Arrest Record?
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The Litigation Group at Schmidt & Clark, LLP law firm is an experienced team of trial lawyers focusing on plaintiffs' representation in lawsuits. We are handling individual litigation nationwide and currently accepting new legal challenges in all 50 states.
If you or a loved one was involved with such matters, you should contact Schmidt & Clark immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.
