DMV Hearings

If you have been charged with drunk driving (DUI), you may lose your driving privileges. In addition to a DUI charge in criminal court, you will most likely face a separate civil charge and have a hearing scheduled before the California Department of Motor Vehicles (sometimes referred to as a California DMV Hearing).

At the California DMV hearing, a determination will be made regarding your driving privileges, and whether to suspend or revoke your driver’s license. In addition, our representation in the DMV hearing may allow us to obtain information that may help you in your criminal DUI case.

Due to the specialized nature of potential defense strategies to a DMV suspension, a driver should meet with an attorney experienced in this area of law as soon as possible. You, or your attorney, must call the DMV within 10 calendar days of the incident to schedule a DMV hearing. You must ask for a DMV hearing if you wish to avoid the automatic suspension of your driving privileges, which will go into effect 30 days from the date of the incident. By requesting a DMV hearing in a DUI case, you can avail yourself of a number of very important rights and defenses and shift the burden of proof to the DMV.

DMV Hearing Outcomes

There are two possible outcomes to a DMV hearing. First, the DMV Hearing Officer can Set Aside the action (revocation, suspension or restriction of your drivers license / privileges). This means that your DMV case is over, and you are free to go to your local DMV and obtain from them a duplicate driver’s license at no charge.

The second possible outcome is an APS action will be imposed. This could be a revocation, suspension or restriction of your driving privileges. It could also include certain requirements you must meet before your driving privileges will be reinstated. These requirements generally include the enrollment and completion of an alcohol education program. These classes could range from 3 to 30 months in length of time. The length of the class depends on how many DUI convictions and/or APS suspensions you have had in the past.

DMV Hearing Process

A California DMV hearing is overseen by a DMV employee who will act as both judge and prosecutor. These hearings are held at the Driver Safety Office of the Department of Motor Vehicles, not at a typical DMV field office. During the hearing, the DMV employee will review evidence regarding your arrest: police reports, blood alcohol test results and more. This hearing is actually technical in nature, rather than based on testimony as may be the case during a criminal case and trial. For this reason, it is important to work with a Sacramento DUI attorney who has experience in DMV hearings in particular and who will be able to present valid evidence that will work in your favor.

The only issues discussed at the hearing are:

If you took a blood or breath or (if applicable) a urine test:

  • Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140 , 23152 , or 23153 ?
  • Were you placed under lawful arrest?
  • Were you driving a motor vehicle when you had 0.08% or more by weight of alcohol in your blood?

If you refused or failed to complete a blood, breath test, or (if applicable) a urine test:

  • Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140 , 23152 , or, 23153 ?
  • Were you placed under lawful arrest?
  • Were you told that if you refused to submit to or failed to complete a test of your blood, breath, or (when applicable) urine, your driving privilege would be suspended for one year or revoked for two or three years?
  • Did you refuse to submit to or failed to complete a blood or breath test, or (if applicable) a urine test after being requested to do so by a peace officer?

The Hearing Officer will enter the arresting officer’s reports into evidence. A skilled Sacramento drunk driving attorney will object to the documents, present rebuttal evidence and potentially call witnesses to overcome the documents. At the conclusion of the hearing, the Hearing Officer will take all of the evidence under submission and will prepare a written decision either upholding the suspension or setting it aside. If you or your loved one has been charged with a drunk driving offense in Northern California, contact Sacramento’s premiere DUI firm today to provide you with the quality representation that you deserve!