I am scheduled to appear in court on the California
DUI charge. Is this similar to a California DMV hearing?
No. The DMV hearing is an administrative proceeding regarding
the suspension or revocation of your driving privilege only.
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Why does California DMV offer the right to a hearing
if I am already scheduled to appear in court for the California
DUI charge?
Both the California and U.S. Constitutions provide that
no person shall be deprived of property without due process
of law. Due process of law entitles you to a notice of the
action California DMV intends to take against your driving
privilege and an opportunity to be heard (hearing).
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How is the California DMV hearing different from the court
trial for the California DUI?
The California DMV hearing is an administrative proceeding
regarding your driving privilege and the circumstances surrounding
the California DUI arrest, not whether you are innocent
or guilty of the criminal act of a California DUI. Only
the following issues (including a number of critical legal
subissues) will be addressed:
• If you took a blood or breath or (if applicable)
a urine test:
1. 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 ?
2. Were you placed under lawful arrest?
3. 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:
1. 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 ?
2. Were you placed under lawful arrest?
3. 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?
4. 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?
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Am I obligated to have a California DMV hearing?
No. You are not required to request a California DMV hearing.
But if you want to save your driving privileges, arising
out of a California DUI, your California DUI attorney must
contact DMV within ten (10) calendar days from the arrest.
Check your pink order of suspension and contact a California
DUI lawyer as soon as possible to discuss your options.
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Does the California DMV administrative hearing substitute
for the California DUI court trial?
No. The California DMV hearing and the California DUI court
trial are independent of each other. The DMV hearing deals
with the circumstances surrounding a California DUI arrest.
The California DUI court trial deals with whether you are
innocent or guilty of one or more criminal acts including
California DUI.
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The suspension of my driving privilege was sustained
following my DMV hearing, but I was found Not Guilty of
the California DUI charge in criminal court. Do I get my
license back?
When a driver has been acquitted - after a court trial -
of driving with .08% BAC or more, a suspension or revocation
will be reversed when it is determined by California DMV
that the court action does, in fact, equal an acquittal.
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The suspension of my driving privilege was sustained
following my DMV hearing, but the California DUI charge
was reduced in criminal court. Do I get my license back?
No. A reduction of a California DUI charge in the criminal
court is separate and independent from the California DMV
administrative proceeding, and does not affect the driving
privilege suspension arising out of the administrative proceeding.
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The suspension of my driving privilege was sustained
following my DMV hearing, but the California DUI charges
were dismissed in the criminal court. Do I get my license
back?
Not necessarily. Current law may permit a driver to apply
for a renewed right to a hearing within one year of the
arrest date when a California DUI charge is dismissed or
not filed by a District Attorney due to lack of evidence,
or filed, but later dismissed by the court because of insufficient
evidence.
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I was convicted in court of the first-time offense
California DUI charge, but it was indicated I could get
a restricted license. How do I obtain this restriction?
If you have a non-commercial driver license and your alcohol
program provides DMV with proof of enrollment in a first
conviction program, your insurance company files proof of
an SR-22 filing (financial responsibility), and you pay
a $125 reissue fee after any 30-day suspension, you may
apply for a restricted license to drive to and from the
program and/or to, from, and during work. The reissue fee
is $100 if you were under age 21 and were suspended under
the Zero Tolerance Law pursuant to Vehicle Code §§23136,
13353.1, 13388, 13392. There may be another DMV reissue
fee once California DMV receives notice from the court of
any conviction.
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My California DUI Lawyer had a California DMV hearing and
the hearing officer set aside the suspension and let me
keep my license. Does this have any effect on what happens
to the California DUI charge in criminal court?
No. The DMV hearing officer can only set aside the administrative
action against your driving privilege. This decision is
separate and/or independent from any criminal California
DUI charge, sanction, penalty, or decision.
