Understanding How a DMV Hearing Works in California

According to Summit Defense, a DMV hearing in California is an administrative process where a hearing officer determines whether to suspend the driver’s license of a person arrested for DUI [1]. This hearing is separate from the criminal court proceedings and takes place at a Department of Motor Vehicles (DMV) office or over the phone. Drivers have the right to be represented by an attorney, but this must be at their own expense.

There is no courtroom used for the hearing. Instead, it occurs in a nearby Department of Motor Vehicles office (DMV) or over the phone. It is not a judge presiding over the hearing; instead, the presider works for the DMV

These officers usually have specialized training but do not hold legal degrees. During the hearing, the arresting officer provides testimony and submits police reports as evidence, detailing the probable cause for the traffic stop, the driver’s behavior, the results of field sobriety tests, and any chemical tests conducted.

The defendant, often through a defense attorney, has the opportunity to cross-examine the officer, challenge evidence, call additional witnesses, and provide personal testimony.

What to Expect After the DMV Hearing

After your DMV hearing, the hearing officer will issue a decision. If the ruling is in your favor, your license suspension will be set aside, allowing you to continue driving without interruption [2].

However, if the decision goes against you, your license will be suspended for four months for a first DUI offense. After 30 days, you may be eligible for a restricted license that permits driving to and from work or DUI school. If you refused a chemical test, your license will be suspended for a full year without the possibility of obtaining a restricted license.

The DMV hearing is a complex and specific process, unlike the criminal court proceedings. For this reason it is important to hire a DUI specialist who has experience handling all aspects of a DUI case, including the administrative hearings

Understanding the Burden of Proof in DUI Cases

In alcohol-related DUI cases, if your Blood Alcohol Concentration (BAC) was .08% or higher within three hours of driving, you are legally presumed guilty of DUI under both VC section 23152(a) and VC section 23152(b) [3].

The defense must then challenge this presumption by providing evidence that your driving ability was not impaired beyond that of a reasonably sober person and that your BAC was actually below .08% at the time of driving.

To win, the defense must raise reasonable doubt regarding the accuracy of the BAC test results and counter the law enforcement officer’s observations and testimony that suggested impairment, potentially using witness statements to support their case.

The DA’s have the entire burden of proof in non-alcohol related cases (no presumption of guilt). The prosecutor will have to prove beyond a reasonable doubt that a defendant had sufficient quantities of a drug, or a combination of combination of drugs and alcohol (even though below .08% BAC) capable of causing impairment at the time of driving

This evidence may include recorded observations and testimony that align with the specific drugs involved, demonstrating signs of impairment consistent with those substances.

Key Factors Considered During a DMV Hearing

A DMV hearing focuses solely on the status of your driver’s license, determining whether you will retain your driving privileges or face suspension. The DMV’s Driver Safety Hearing Officer evaluates several factors related to the specifics of your arrest and any chemical tests administered.

The hearing officer will consider:

Whether the police officer had probable cause to stop you.
If your arrest was conducted lawfully.
Whether the officer informed you that refusing a chemical test would lead to suspension or revocation of your driver’s license.
If your blood alcohol concentration (BAC) was .08% or higher, based on a chemical test.
Whether you refused to take a chemical test after being asked by the officer.

Based on the evidence, the hearing officer will decide to either uphold or set aside your license suspension.

Some of the factors the hearing officer reviews are similar to those considered in your criminal case. However, even if the hearing officer decides that the loss of your driving privileges is unwarranted, that does not mean your case will be dismissed or your impaired driving charges will be dropped. You must still go through the trial to defend your innocence

How to Schedule a DMV Hearing to Protect Your License

To protect your driver’s license after a DUI arrest, you must contact your local DMV Driver Safety Office to schedule a DMV hearing. Remember, the DMV field offices are different from these locations, and you have only ten calendar days from the date of your arrest to request a hearing. Failing to do so will result in losing your right to the hearing.

If you hire a DUI defense attorney, they can arrange the DMV hearing on your behalf. You are not required to attend if you are not testifying, and many hearings are conducted over the phone rather than in person.

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References:
1. https://summitdefense.com/blog/what-happens-at-the-dmv-hearing-for-dui/
2. https://www.wapnerjones.com/what-happens-now-/dmv-hearings/
3. https://joehougnonlaw.com/dui-defense/who-has-the-burden-of-proof-in-dui-cases/

California DMV DUI Hearing Phone Number: Information & Tips