What is a DMV Hearing?
A DMV hearing is an administrative proceeding regarding your driving priveleges
and issues surrounding your DUI arrest. The court trial, on the other
hand, decides whether you are innocent or guilty of the criminal act.
DMV hearings are complicated as the result of procedures, legal rulings
and odd rules. DMV license suspension hearings also require a lesser burden
of proof than a criminal trial, making it easier to suspend your license.
How to Request a DMV Hearing After a DUI
After you’re arrested for a DUI in California, the arresting officer
will notify you that your driving privileges are suspended. However, you
have the right to challenge this suspension with the Department of Motor
Vehicles (DMV). Within 10 days after your license has been suspended or
revoked, you can request a DMV hearing.
Write in or call one of the department's Driver Safety Branch Offices
to request your DMV hearing. You will be required to send in your name,
license number, DOB, and mailing address to make a valid request.
Here is What to Expect at Your DMV Hearing
Before the hearing, you and your attorney must request documents and police
reports in the DMV’s possession in order to see their evidence.
In return, you may present oral testimony and other evidence, or file
the information in written form. At the hearing, a DMV hearing officer
with no legal training will preside and determine whether to uphold your
suspension or overturn it.
The arresting officer may testify, but they do not have to unless their
testimony is needed. However, your attorney may subpoena the officer or
other witnesses if they feel it can help your case. If you win, your license
suspension will be overturned and your driving privileges will be reinstated.
If you lose, your license will be suspended for anywhere from 4 months
to 3 years, depending on prior offenses, but you may request a court review
within 15 days.
Get a FREE Consultaiton
For these reasons and more, it is crucial that you enlist the legal guidance
of our Modesto DUI defense attorney at the Law Offices of Mark Girdner
today. We can provide the aggressive advocacy you need to maximize your
chances of keeping your license.
Call (209) 326-1533 or
contact us online to for a free consultation. We serve all of Southern California.