California's driving under the influence (DUI) cases are divided into two categories: administrative proceedings and criminal proceedings. While DUI court proceedings could result in penalties such as fines, serving jail time, and obligatory DUI school, the fate of your driving privileges would be decided by the Department of Motor Vehicles (DMV) at an administrative hearing.

If you're arrested for a DUI offense, the DMV has the authority to suspend or revoke your driver's license, which means you could lose your privileges to operate a vehicle even before the DUI case is determined in court. If you've been arrested for a DUI, you should seek legal help as soon as possible to possible reduce the chances of your license being revoked or suspended. Get in touch with us at the California Criminal Lawyer Group in Santa Ana to see how we can help you with your DMV hearing issue.

A Brief Overview of a DUI DMV Hearing

During a DMV administrative hearing, you have the same right to self-representation as you do in normal court cases. However, you could improve your odds of success by hiring an experienced DUI attorney. If you win the administrative hearing, your driver's license could be reinstated, but it would be suspended again if you are convicted of DUI.

A positive verdict would restore unlimited driving privileges so long as you file for an IID (Ignition Interlock Device) restricted license. A first-time DUI offender is required to keep the installed IID in their vehicle for no more than 4 months. When faced with significant DUI charges, the IID would be required to be in use for one to two years.

If the Department of Motor Vehicles does not find it in your favor, you could be required to enroll in an alcohol/drug-approved school, like the ADSAP (Alcohol and Drug Safety Action Program) before having your driving privileges reinstated.

DMV administrative proceedings and criminal DUI prosecutions are similar in that they both promote the public's best interests and safety. As a result, even if you fail to receive a DUI conviction, the DMV could nevertheless suspend your privileges to operate a vehicle. Aside from driving under the influence, the DMV could suspend your driving privileges for the following reasons:

  • Mental and physical unfitness
  • Lack of driving skills/ knowledge
  • Being a reckless driver, to name a few

California DMV Hearing Time Limits

When you're caught driving while drunk or intoxicated by drugs, law enforcement officers would confiscate your driving license and issue you a suspension notice. This notice is a temporary license that will last for around 30 days. The document also gives you the right to a DUI DMV hearing, which can assist you to avoid having your driving license suspended automatically.

You must book a DMV Administrative Per Se Hearing with the Driver Safety's office within 10 days of your apprehension. If you don't schedule a hearing within the 10-day timeframe, the DMV would automatically suspend your driving license, depriving you of your privileges once the Notice of Suspension expires. You could reclaim your driver's license once you:

  • Have an IID installed in your automobile (this isn't always necessary)
  • Enroll in a DUI school
  • Settle the $125 reinstatement charge for your driver's license
  • Fill out and submit the SR-22 insurance forms

When it comes to DUI cases, you don't have much time on your hands. It is critical to schedule a DUI DMV hearing as soon as possible. Working with a qualified lawyer is recommended since winning the DMV administrative hearing would not only restore your driving privileges until your dispute is settled, but it could also help you win your DUI case.

Elements that the Prosecution Must Prove at a DMV Hearing

A DMV administrative hearing is limited at best, and it could only decide whether you would keep your driving privileges or not. During a DMV hearing, the hearing officer would consider the following issues:

  • Whether the defendant was in physical control (or driving) of the vehicle
  • Whether the defendant was driving a vehicle with a blood alcohol content (BAC) of 0.08 percent or higher
  • Whether the perpetrator was under the influence of drugs while driving
  • Whether or not the defendant was arrested legally
  • Whether the officer who arrested the defendant had reasonable grounds for the traffic stop that resulted in the defendant's arrest and charges

Before a defendant's driver's license gets suspended or revoked, the prosecution must demonstrate that he or she was in the wrong. The hearing officer would review all evidence presented by the arresting law enforcement officer as well as the reports from your field sobriety tests and chemical testing. DMV administrative hearings are classified into several categories. While most hearings are simple and do not require legal arguments, a DUI DMV hearing could be complex and confusing. It's critical to engage with an expert DUI lawyer who can contest the evidence offered by the arresting officer as well as enhance the likelihood of your license suspension being overturned.

How to Schedule a California DUI DMV Hearing

You can seek a DMV administrative hearing in one of two ways: by phone or by fax. This application should be directed to the Driver Safety Office located in the county where you got arrested for DUI. It's vital to keep in mind that this isn't your local DMV office.

Request Over the Phone

When you contact the appropriate Driver Safety Office (DSO), you should request a DMV administrative hearing as well as a stay. You could also get a copy of the police record in which your DUI case is documented through your lawyer. You'll also have to provide details regarding your case, primarily information from your DUI charge ticket. This content would include:

  • The place and date of your arrest
  • The arresting officer's name and ID number
  • The tests that were conducted to establish your level of intoxication

Fax Request

You could also fax your request to the relevant DSO and schedule a hearing as well as a stay. In this situation, you should provide the following details in your application:

  • The place and date of your arrest
  • Your name, contact information, and driver's license number
  • The tests that were conducted to determine your level of intoxication
  • The arresting officer's name and ID number, as well as his or her police agency

Again, the details required are listed on your DUI charge ticket. If you want to fax your application, ensure that you get a fax confirmation from the service provider. This would confirm details such as:

  • The time and date you faxed the document
  • The fax number used (for the DSO)

What to Expect From a DMV Hearing

The primary goal of a DMV hearing is to allow you the opportunity to provide facts or testimonials in opposition to the intention or action of suspending/ revoking your driving rights. You should appear before the court for your DMV hearing, but if you're unable to do so, you could file a continuance or postponement.

Medical records, sworn documents, images as well as other items related to your lawsuit can all be used as proof in your favor. You could also use affidavits from witnesses to provide proof.

During a DMV hearing, you have the liberty of an unbiased assessment of the evidence of the case. You also have the right to:

  • Seek legal counsel from an experienced attorney
  • Take the witness stand and attest on your behalf
  • Cross-examine the evidence provided as well as the opposing witness testimony
  • Present evidence on your behalf
  • Invite witnesses, subpoena documents and other pieces of evidence
  • Appeal the ruling made by the DMV

The DMV hearing officer is in charge of determining whether to restore your driving privileges till your DUI charge is resolved. Based on the facts presented at the DMV hearing and the witnesses' accounts, the hearing officer would:

  • Hold the suspension notice in place
  • Dismiss your suspension notice
  • Change the former DMV decision

When the hearing officer delivers a ruling, you would be notified in writing. The time it takes to make this ruling would vary based on the reason for your driving license suspension as well as the facts and testimony offered during the hearing. If you're not content with the results of the DMV administrative hearing, you could challenge the verdict by filing an appeal and requesting the authorities reconsider their decision. You can appeal this ruling to the state supreme court, but you must be aware of the time constraints and expenses involved.

The Impact of a DMV Administrative Hearing Victory

If you win the DMV hearing, you will be able to retain your driving privileges. Even better, you will be able to fight your case more effectively in the court system. The prosecution would dismiss the allegations if there is exploitable weakness in your DUI case that is shown in the DMV suit.

However, this doesn't guarantee a positive outcome in a DUI case. The prosecution may have enough proof against you to secure a fine or possibly a jail sentence. Furthermore, if you are convicted of DUI, the court has the authority to suspend or revoke your driver's license. This emphasizes how critical it is to have the best DUI lawyer on your team.

The Consequences Of Losing a DMV Hearing

If you lose the DMV hearing, it doesn't guarantee a definite loss in your DUI court case. Your lawyer could still pursue the various options available to you to obtain a reduced sentence or a complete victory. In some cases, even if you lose your DMV administrative hearing, you could keep your license because of the plea. Nonetheless, it is important to remember that a DMV administrative hearing loss results in the revocation or suspension of your driving license. The length of the revocation or suspension is determined by whether you're a 1st-time offender or a repeat offender.

Best Legal Defenses During A DMV Hearing

There are several compelling reasons to use in a DMV administrative hearing. First, this would be able to help you get your license reinstated, at least till your DUI case is resolved in court. It is generally easier to win at this hearing than it is to win in court. You stand a high chance of regaining your driving privileges if you engage with a skilled attorney.

Even if a defendant loses at the DMV administrative hearing, he or she will have gained something. For example, your lawyer can assess the facts and testimony provided against you to see if the prosecution has a weak or strong case. This would assist you in determining the appropriate defenses to employ in your court case.

An attorney's job is to defend your best interests and rights. One of the most important reasons to get legal counsel while preparing for a DMV administrative hearing is because the verdict of the hearing officer could jeopardize your DUI court case. Your lawyer would use the following defenses to win a DMV hearing:

You Were Not Driving

If the defendant was not in physical control of or driving the vehicle, then the law enforcers have no grounds to charge him or her. Your lawyer could utilize this information to have the Department of Motor Vehicles reinstate your driver's license if the arresting officer did not personally witness you driving the car while exhibiting signs of intoxication. It's important to remember that the judge handling your DUI case would not reach the same judgment as the hearing officer. However, the DMV's ruling is likely to be considered by a judge during your DUI conviction.

Absence of an Observation Period

An arresting law enforcement officer is required by law to monitor the defendant for at least fifteen minutes before providing him or her with a blood or breath test. This guarantees the reliability of the tests by ensuring that the defendant does not vomit, drink, or eat anything during this time. The findings of the breath and blood tests are likely to be dropped off if this 15-minute observation was not completed.

Your Were Arrested Illegally

You could also claim that your apprehension and confiscation of your driving license were illegal. If a law enforcement officer pulled you over without probable cause, the arrest could be considered illegal. A skilled DUI lawyer could cite a variety of reasons to support an arresting officer's lack of reasonable grounds.

For example, racial profiling by law enforcement officers is prohibited. The DMV has grounds to doubt the legitimacy of your blood alcohol concentration readings and the findings of the FSTs if you were stopped solely based on your ethnicity or race. Again, a qualified lawyer can claim that the arrest was race-related, which could overturn the DMV's judgment to suspend your driving license.

For your accusations to stand, the arresting law enforcement officer should prove several factors. For example, he or she should apply more than one method to demonstrate probable cause. If the arrest is based only on the smell of alcohol on your breath, then it's likely to be considered illegal.

False BAC Results

BAC readings could be elevated for causes unrelated to drug or alcohol use. It's possible that a motorist experienced heartburn, had recently used an alcohol-based mouthwash, had recently consumed a low-carbohydrate, high-protein meal, or had taken medication. If your lawyer can successfully establish that other factors other than alcohol consumption contributed to an erroneously high BAC value, the suspension/revocation of your driver's license could be lifted.

Procedures For Testing Equipment Were Not Followed

There are standards in California law that regulate how blood and breath tests should be done. These laws also specify the methods for collecting, storing, and evaluating test samples. If the Title 17 code of regulations was infringed, this should be enough to persuade the DMV's ruling in your favor. The police, for example, should calibrate their breathalyzer equipment after 150 blows or every ten days. If the standard protocol was not observed, the sobriety results provided during the hearing would probably be considered erroneous, rendering the suspension of your license unfair.

Your Rights Have Been Violated

You have rights as a free citizen even if a law enforcement officer stops you on reasonable grounds. For example, the police officer should explain the consequences of accepting or declining to submit to a breath or blood test. This includes notifying you of the likelihood of losing your driver's license.

If a law enforcement officer fails or forgets to provide a proper warning, you could have a strong argument for your driving rights to be reinstated. The warning notice should be stated verbatim, and an officer's interpretation doesn't qualify as a sufficient warning.

You Did Not "Intentionally" Reject a Breath Test

If you chose not to take a blood or breath test, your driving license would be automatically suspended. Drivers could refuse to undertake such tests for purposes unrelated to their intention to hide their intoxication. For instance, your attorney could claim that your health condition made it impossible or difficult to blow air into the kit. It's also possible that you didn't think the gadgets were safe and instead opted for a blood test, which was unavailable.

Arresting Officer's Faulty Paperwork

California DUI cases are extremely delicate, therefore arresting officers should exercise extreme caution when filling out the required paperwork. Any erroneous or missing information could cast doubt on the arrest's legitimacy. For example, the DMV can't overlook a spelling mistake in your name. Your attorney could claim that if the law enforcement officer misspelled your name while having your driving license, he or she could have also recorded incorrect values on the BAC readings sheet.

DMV administrative hearings are civil cases, which means that the hearing officer must prove that you were operating the vehicle while impaired by drugs or alcohol "by a preponderance of the evidence." The phrase "by a preponderance of the evidence" implies that the defendant was more likely than not to operate the vehicle while drunk. A skilled DUI attorney can assist in casting doubt during the hearing.

How Does Your DMV Hearing Affect Your DUI Court Case?

A DMV administrative hearing doesn't focus on your DUI's criminal aspect. It focuses on the circumstances surrounding your arrest and whether or not your driver's license could be suspended or revoked. However, both trials are closely intertwined. The testimonies and evidence presented at the DMV administrative hearing are admissible in court and can be used either against you or in your favor.

If the court system finds you not guilty under VC 23152 b, which prohibits driving with a blood alcohol concentration of 0.08 percent or more, the DMV proceedings can't be used against you. Your driver's license will be returned to you. Nevertheless, a dismissal, no-contest, or guilty plea would not affect the verdict of a DMV administrative hearing.

Is It Possible To Appeal The Results Of Your DMV Hearing?

If you're unhappy with the outcome or failed to secure a win, you have the option of requesting a departmental evaluation from the DMV or appealing straight to the state's superior court. The two appealing systems follow precise guidelines and adhere to strict timelines. If you want to appeal the outcomes of your hearing, you'll need a lawyer who is familiar with the processes and laws that apply to appeals to assist you in drafting your appeal. The department's ruling on the hearing also includes the deadline and additional instructions.

Filing directly with the Superior Court necessitates the use of a writ of mandate. This entails asking the court to examine the DMV's verdict and overturn it, which costs around $3500. If the Superior Court doesn't provide you with the justice you believe you are entitled to, you'll petition the verdict to the State's Court of Appeals. Appellate cases are complicated affairs that necessitate a high level of legal expertise. As a result, you should obtain the best DMV legal counsel. Furthermore, they will very likely be extremely expensive, demanding advanced planning.

Find a Santa Ana Criminal Lawyer Near Me

Winning a DMV case could mean the difference between retaining or losing your driving privileges. The odds of getting a positive outcome increase when you consult with an experienced lawyer. His or her experience in trial representation and negotiations will help to tip the scales to your advantage.

We have seasoned attorneys at the California Criminal Lawyer Group that understand the seriousness of this charge, how to best represent you, and how to handle your case without losing your driver's license. Our team is well-versed in the laws and the court system. Call us at 714-844-4151 to speak with one of our attorneys.