Department of Motor Vehicles Process
In California, you will have to fight two battles when charged with driving under the influence. You will have to fight against the court, usually to avoid or minimize jail sentences, large fines, and probation. And, you will also have to fight against the Department of Motor Vehicles (DMV) to prevent the loss of your driver’s license. The court may place restrictions on your license, but they will not suspend it. Unless you establish a favorable defense, the DMV has the right to suspend your license.
The DMV license suspension process begins after you are arrested. After your arrest, the officer will confiscate your license and serve you with an order of suspension. The officer will then complete a form entitled “Officer’s Statement-Admin Per Se.” This document details the facts surrounding your case from the officer’s point of view. It will detail the officer’s observations of your driving, probable cause, and your breath test results. The form is then signed under oath by the officer, and sometimes the breath machine operator, before it is turned over to the DMV.
The most important thing for you to remember is that you only have 10 days after your arrest to schedule a hearing with the DMV’s Office of Driver Safety. Failure to schedule a hearing may lead to an automatic license suspension. If you do not contact the DMV, your license will automatically be suspended 30 days after your arrest.
When you contact the DMV to schedule a hearing, they may try to encourage you to accept a hearing that is conducted by telephone. They may not advise you that you have the right to request an “in-person” hearing. If they do not advise you of the right to have an in-person hearing, it is in your best interest to request one. An in-person hearing will allow you and your attorney to subpoena the arresting officer and challenge the DMV’s arguments.
After the hearing has been scheduled with the DMV, the Department will conduct what is referred to as and “Administrative Review” of your case. This review ensures that the facts listed in the arresting officer’s paperwork merit license suspension. When the review is complete and the DMV has received your request for a hearing, a hearing date and time will be set. Usually, the date and time are mutually agreed upon by all parties involved.
The in-person hearing generally takes place in a small room with the hearing officer, who is an employee of the Department of Motor Vehicles. This individual serves as both the prosecutor and the judge. The hearing officer will present the DMV’s case, and they will cross-examine the client and defense witnesses. The hearing officer will also decide which evidence is admissible. The issues the hearing officer must investigate and the defense must challenge are:
- Were you, in fact, driving the motor vehicle?
- Did the officer have probable cause to pull you over and arrest you?
- Was your arrest lawful?
- Did you, in fact, have a blood alcohol concentration of .08% or higher?
After all of this is taken into consideration, the hearing officer will decide who has won the case. If the DMV wins the case, your license will be suspended for approximately 4 months (longer for repeat offenders). You can convert the suspension to a license restriction, which will allow you to drive to and from work, following the first month of the suspension. If you win the case, your license will be reinstated.
It is always in your best interest to meet with an attorney who specializes in DUI law after you have been arrested. I have personally helped my clients avoid making common mistakes when dealing with the DMV. I can help you schedule your hearing with the Department of Motor Vehicles in accordance with their timeline so your driver’s license does not get automatically suspended. I can also represent you at the hearing to ensure that your side of the story is presented to the hearing officer. Remember, the hearing officer has a dual role as the DMV’s prosecutor and the judge. You will need to argue the facts presented by the DMV in order to avoid having your license suspended. Without thorough knowledge of DUI Law, you have a small chance of winning your case with the DMV. The odds are stacked against you. I can help you fight for your license by countering their facts with their faults.
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