What is a DMV License Suspension Hearing?
A DMV (Department of Motor Vehicles) license suspension hearing is a legal proceeding held by the DMV to determine whether a person's driver's license should be suspended or revoked. These hearings are typically held after a person has been arrested for driving under the influence (DUI) or for other serious traffic offenses.
During the hearing, the DMV will review the evidence related to the person's arrest, including the results of any chemical tests (such as blood or breath tests) and the arresting officer's report. The person facing the suspension has the right to present their case, including any evidence or witnesses that support their defense.
The outcome of the hearing can vary depending on the specific circumstances of the case. If the DMV determines that there is sufficient evidence to support the suspension or revocation of the person's license, they may take administrative action to suspend the license for a specified period of time.
It's important to note that a DMV license suspension hearing is separate from any criminal proceedings related to the DUI arrest. Even if a person's criminal case is dismissed or they are found not guilty, the DMV may still suspend their license based on the outcome of the administrative hearing.
It's advisable for anyone facing a DMV license suspension hearing to seek legal representation from an attorney who is experienced in handling DUI and administrative hearings. An attorney from our firm can help you navigate the complexities of the process and work to protect the your driving privileges.
DMV License Suspension Hearing Process
Once a driver has been arrested for DUI and booked at the police station, they will be served with a DMV Notice of Suspension. This suspension will take effect in 30 days — unless an administrative hearing is requested (see below).
Accompanying the suspension will be a DMV form called an “Officer’s Statement – Admin Per Se,” completed by the arresting officer and setting forth the facts of the case relevant to the suspension. The officer signs this document under oath and it is forwarded to the department directly.
The arrestee then has 10 days to request a license suspension hearing by contacting a local DMV office of Driver Safety. It is vital that a hearing is requested within this rigid 10-day window, or the right to a hearing is permanently lost, and the suspension will automatically take effect 30 days from the date of arrest.
Vehicle Code § 13558(d) and (e) provide that your DUI attorney can obtain a stay of the suspension if the request for a hearing was made within ten days of the notice or if the requested hearing cannot be scheduled before the thirty-day temporary license expires. Note: The hearing is completely independent from the criminal court proceedings; winning one proceeding and losing the other is not uncommon.
Before the hearing is held, the DMV will conduct an internal administrative review on the case to ensure that the evidence complies with the requirements for an administrative suspension. Once this review is complete and the driver’s attorney makes the demand for a hearing, a hearing date is set.
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Los Angeles - 6 months jail, fine, license suspension
Reduced to Exhibition of Speed (fine)
Felony DUI w/ Injury
Rancho Cucamonga - 18 months prison, loss of license.
Reduced to Misdemeanor DUI (fine, no jail)
2nd Offense DUI At High Speed
Ventura - 1-year jail, fine, loss of license.
DUI & Hit-And-Run (.30%)
Vista - 1-year jail, fine, license suspension.
DUI Dismissed, Plea to Hit-and-Run (Fine)
Drunk Driving w/ Drugs
Glendale - 6 months jail, fine, license suspension.