A DMV hearing is an administrative proceeding held to determine whether an offender’s driver's license should be suspended. A driver must request a hearing within 10 days of their arrest; failure to do so results in an automatic license suspension. A DMV hearing is different from a court hearing since it is less formal. The hearing is also handled by a DMV hearing officer, unlike a court hearing, which is presided over by a judge. If you have been arrested for a DUI violation, you should contact an attorney immediately to help you book a DMV hearing.
Understanding A DMV Hearing For A DUI
A DMV hearing for a DUI is a local administrative process held at a DMV office. This is often held to determine whether your driving license should be revoked or suspended. The police will confiscate your driving license once you have been arrested for DUI. You will then be served with a suspension notice that will serve as a temporary license for a period not to exceed 30 days. The suspension notice gives you the right to pursue a DMV hearing to enable you to get back your driving license. You should make your request within ten days after receiving a suspension notice. The DMV will suspend your driving license after 30 days if you fail to request a DMV hearing. Your driving license can only be reinstated if you do the following:
- Install an interlock device in your car
- Pay reinstatement fees
- Apply for insurance
- Enroll for DUI classes
No motorist would like to have their license suspended. This is why it is important to pursue a DMV hearing within ten days of your arrest. You will lose your legal right to have a DMV hearing if you fail to do so. There will be a delay in the process of suspending your driving license immediately after your DMV hearing begins. Your license will not be suspended if you win the DMV hearing.
How To Make A DMV Hearing Request After A DUI
Some of the ways you can make a DMV hearing request include:
Online Hearing Request
An online hearing can be ideal for certain DMV services. However, most administrative hearings, particularly those involving license revocation or suspension, still require contacting the appropriate Driver Safety Office directly. You should first check the DMV procedures before making this request.
Ask Your DUI Attorney To Make The Request On Your Behalf
Hire a DUI attorney to assist you in applying for a DMV hearing. Your attorney will file the request, gather evidence against the charges, represent you at the hearing, and present legal arguments and witnesses.
Make The Request In Person
It is often good to go in person to the Driver Safety Office and request a DMV hearing. This will give you a chance to speak directly with DMV staff and present supporting documents. You will also be able to ask questions about the hearing process and inquire whether any extra forms are needed.
Present A Written Request
You can present a written request through fax, mail, or other methods accepted by the Driver Safety Office. Ensure you include your name, date of birth, telephone number, driver’s license number, current mailing address, the reason for the hearing, and a statement that you are requesting an administrative hearing. It is also good that you retain a copy of your application and proof of delivery.
Apply Using The Phone
Reaching out to your local DMV office by phone is the quickest way to request a DMV hearing. You can do the following during the call:
- Request for a DMV hearing
- Check on the statute of limitations
- Inquire if you can still use your driver’s license while waiting for the hearing
- Inquire about the documents needed
Requesting A Stay After a DUI In California
A stay stops the effect of an administrative decision or a court order. However, it does not drop your case or a DUI conviction. It only temporarily stops enforcement while another legal process, like an appeal, is ongoing. A stay can temporarily stop the following:
- Enforcement of certain court orders
- Certain administrative actions, if ordered by the judge or permitted under law
- Payment of certain fines
- Execution of a jail term
You can request a stay in the following situations:
Pending Post-Conviction Motions
You can request a stay after filing a motion that can affect the judgment.
When Contesting A DMV Administrative Action
Sometimes, you can pursue a stay through the court if your attorney is challenging your driving license suspension. However, this will depend on some factors and applicable law.
After A DUI Conviction While Filing An Appeal
You can request the appellate or trial court to put on hold parts of the sentence until the appeal is heard and determined.
The judge will consider the following factors before granting a stay:
- The severity of the DUI crime, including whether it is a repeat violation, or whether someone suffered injuries
- Whether you have adhered to the past court orders and terms of release
- Whether a stay will unfairly affect the public or the prosecution
- Whether you are a threat to society
- The possibility that the motion or appeal will go through, and
- Whether your appeal raises significant legal concerns
The process of requesting a stay depends on the court and the type of stay sought. However, a typical procedure involves the following:
- Appealing or making a legal challenge when necessary
- Filing a stay motion
- Giving factual and legal reasons supporting the request
- Presenting declarations or any supporting documents
- Showing up for the court-set hearing, and
- Wait for the judge’s ruling
A stay will only be valid if it is granted by the judge and only for a designated period. If the judge grants your stay request, you will be required to adhere to the following conditions:
- Observe probationary conditions that remain in effect
- Avoid operating a car unless legally permitted
- Show up for all court-set hearings
- Observe all statutes, and
- Observe any extra conditions that are deemed appropriate
Your stay will be revoked if you fail to observe the above conditions.
Your Rights At The DMV Hearing
The law permits you to request a DMV hearing if you are arrested for a DUI in California. This hearing often centers on your license to determine whether it should be revoked or suspended. You will only be able to prepare adequately and protect your driving license if you understand your rights at the DMV hearing. Some of the rights you are entitled to include:
Right To A DMV Hearing
Once you are arrested for a DUI, you only have ten days to pursue a DMV hearing. You can do this upon receiving the temporary license or notice of suspension. The court will delay the automatic suspension if you file your application within the statute of limitations.
Right To Appeal
The law allows you to contest the DMV’s ruling against you. This can include petitioning the court to have the DMV’s ruling reviewed. You can also petition for a writ of mandate in the Superior Court, seeking a review of the DMV’s ruling. The DMV has an obligation to prove the following:
- Your BAC was 0.08% or more, or you failed to undergo the necessary chemical test when lawfully required
- You were legally arrested, and
- The police had a reasonable cause to believe you were operating a vehicle while intoxicated
Right To Contest The Evidence
Your DUI attorney can fight the evidence against you by presenting the following claims:
- The testing officer mishandled your blood samples
- You were arrested illegally
- The police had no probable cause to pull you over or arrest you
- The testing officer did not observe the designated procedure
- Breath-testing equipment was faulty
- Chemical testing procedures were conducted poorly
Right To Cross-Examine Witnesses
The law allows your DUI attorney to question the DMV’s witnesses against you. This will enable your attorney to contest the following:
- Chemical testing procedures
- The police observations
- The reliability and accuracy of the DMV’s evidence
- Field sobriety test procedures, and
- The validity of the police pull-over
Right To Table Evidence In Court
You are entitled to table your evidence in court to support your case. This can include videos, expert testimony, documents challenging the reliability of the chemical tests, photographs, medical records, and witness testimony.
Right To Receive A Written Ruling
The DMV will issue a written ruling after the hearing, explaining whether the suspension is dismissed, changed, or upheld.
Right To Subpoena Witnesses And Documents
Your DUI attorney can request a subpoena asking the police to testify or witnesses to appear.
Winning Your DMV Hearing
A DMV hearing has a wider scope. The following are some of the issues that the hearing officer will consider:
- Whether your blood alcohol concentration exceeded 0.08% at the time of your arrest
- Whether you were arrested legally
- Whether there was a reasonable cause for your arrest
The following issues will be deliberated if you failed to undergo a DUI test at the time of your arrest:
- Whether you intentionally refused to undergo a blood or chemical breath test
- Whether the police notified you that your license can be revoked for a period that does not exceed three years if you refuse to undergo a DUI test
The hearing officer can order a suspension or reversal of your suspension after considering the above issues. Your driving license will be reinstated if any of the above issues are not conclusively proved. Some of the defenses that can be presented at a DMV hearing include:
You Did Not Refuse To Undergo A BAC Test
Some circumstances can make you appear as if you deliberately refused to take a BAC test. For example, you could have tried to blow into the testing device, but the samples of your breath were not enough, and you were not given the option of a blood test. The police often can misinterpret this as a refusal to undergo the test. Your case could be dismissed if your attorney can prove that you did not refuse to undergo a BAC test.
You Were Not Informed Of The Consequences Of Refusing To Undergo A BAC Test
The police must inform you of the penalties for your actions in case you refuse to undergo a BAC test. For example, they should warn you that you risk a suspension of your driver’s license for a period that does not exceed one year. They must write this warning and read it for you. You can win your DMV hearing if the police fail to do so. There are many DUI arrests in California, overwhelming the police with a high workload. This makes them forget to implement crucial procedures demanded by law. The following are the key procedures that the police can fail to observe:
- Failing to inform you that your actions will attract a mandatory suspension of your driver’s license
- Rebuking you improperly, and
- Failing to admonish you
Your driving license will be reinstated if your attorney convinces the court that the police did not properly inform you of the repercussions of failing to undergo a BAC test.
The Police Paperwork Had Serious Flaws
When the police arrest you, they should complete the paperwork and mandatory reports. If the paperwork had serious mistakes, your attorney can use them as a defense. For example, the paperwork can have wrong dates or not be signed. The police can also record the wrong BAC results in your report. You can win your DMV hearing easily if this happens.
Other Psychological Issues Contributed to the High BAC Level
You could have high blood alcohol levels because of psychological medical explanations, including:
- Residues of alcoholic substances, like mouthwash, in your mouth can cause a false reading
- Medical conditions like acid reflux, GERD, and heartburn can cause high BAC levels. High-protein, low-carbohydrate diets can increase the level of alcohol in your blood
You can use the above as a defense if you had at least one of the conditions when you were arrested. This is enough evidence that the BAC results were false and that you had not been operating your vehicle under the influence.
The BAC Instrument Was Faulty
The police are not allowed to perform an alcohol-level test using faulty instruments. According to Title 17 of the Regulations Code, the police must perform maintenance checks on BAC kits after every 150 blows or ten days. You can win your DMV hearing if the police used a testing kit with faulty parts that are not in proper working condition.
Find An Experienced DUI Attorney Near Me
To request a DMV hearing, you must request the California Department of Motor Vehicles within ten calendar days of your arrest. Your license will be suspended after 30 days if you fail to request a DMV hearing. When you request the hearing on time, a temporary stay takes effect, whereby the license suspension is paused until the conclusion of the hearing.
For guidance on DMV hearings and how to request one in Los Angeles, contact Jonathan Franklin DUI Attorney. Call us at 323-464-6700 to speak to one of our attorneys.
