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. Here’s what to expect.
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.
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.
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.