DMV Hearings in DUI Cases

What is the Purpose of a DMV Hearing for DUI Cases?

The purpose of a DMV hearing in a California DUI case is to determine whether the individual's driving privileges should be suspended or revoked following their arrest. Unlike the criminal court proceedings, which address the legal charges related to the DUI, the DMV hearing focuses solely on the individual's driving privilege. During the hearing, the DMV examines the circumstances of the arrest, such as whether the officer had reasonable cause to stop the driver, whether the arrest was lawful, and if the individual's blood alcohol concentration (BAC) was over the legal limit. This administrative process provides an opportunity to contest the suspension of the driver's license, making it crucial for the individual to act quickly and seek legal representation to protect their driving rights.

‍

Differences from Criminal Court Proceedings

The California Legislature has determined that the California Department of Motor Vehicles is solely responsible for determining who may drive in California, so the DMV hearing process is critical in continuing to drive.  Unlike criminal court proceedings, DMV hearings are less formal and take place over the phone generally. A DMV hearing officer, often without any legal training, presides over the case instead of a judge. The burden of proof is lower in DMV hearings compared to criminal trials. While both processes allow for legal representation, the DMV does not appoint public defenders for these administrative hearings.

‍

The 10-Day Rule: Requesting a DMV Hearing

DMV hearings are crucial for California drivers facing DUI charges. They provide an opportunity to contest the automatic suspension of driving privileges that occurs 30 days after a DUI arrest. Drivers have only 10 days from the date of arrest to request a hearing, making timely action essential. These hearings can impact a person's ability to drive legally, potentially affecting their daily life and livelihood. Additionally, testimony obtained during the DMV hearing might influence the criminal case, potentially leading to reduced charges or case dismissal.

‍

How to make the request

To request a DMV hearing, individuals can use several methods (these are spelled out on the pink Temporary license the driver is given when the arresting officer takes their government issued driver’s license):

‍

1. Phone: Call the applicable Driver Safety Office and ask for both a stay and a hearing.
2. Fax: Send a fax to the Driver Safety Office, requesting both a stay and a hearing.
3. In-person: Visit the Driver Safety Office located in the county where the arrest occurred.
4. Mail: Send a written request via US Mail.

It's crucial to remember that the request should be made to a Driver Safety Office, not a local DMV office. To ensure proper documentation, it's advisable to use at least two methods of contact.  The request must be received by the DMV within 10 days of the arrest, or it will be denied.

‍

Consequences of missing the deadline

If an individual does not request a DMV hearing within the 10-day deadline following a DUI arrest in California, their driver’s license will automatically be suspended 30 days after the arrest. This means they lose the chance to challenge the suspension, and they will not have the opportunity to contest the evidence or potentially retain their driving privileges. The suspension will then remain in effect for several months, depending on the specifics of the case and any prior DUI offenses.

‍

Preparing for Your DMV Hearing

Gathering Evidence

To prepare for a DMV hearing in California, individuals should collect relevant documentary evidence. This may include the arresting officer's reports, breath test strips, and driving records. Additionally, they can gather audio/video evidence, dispatch logs, and blood or breath records. Photographs, video footage, and medical records can also be valuable in presenting a strong case.

‍

Working with a DUI Attorney

Engaging a DUI attorney can significantly improve the chances of a favorable outcome. An experienced lawyer can help navigate the complex administrative process, challenge evidence, and cross-examine witnesses. They can also subpoena relevant documents and present expert testimony. Moreover, an attorney can use information gained during the DMV hearing to strengthen the defense in the associated criminal case, potentially leading to reduced charges or case dismissal.

‍

The DMV Hearing Process

Hearing Officer's Role

In California, DMV hearings for DUI cases are presided over by a hearing officer who serves as both advocate (prosecutor) and “finder of fact” (judge). This hearing officer, though not a judge or a member of the California Bar Association, wields significant power over a driver's license status. The hearing officer reviews evidence, issues legal rulings, and makes decisions on the driver's driving privileges.

‍

Evidence Presentation

The DMV hearing process relies heavily on documentary evidence. The hearing officer typically introduces the arresting officer's sworn statement (DS-367) and other relevant documents. However, the accused driver has the right to challenge the admissibility and sufficiency of this evidence.

‍

Possible Outcomes

After both sides present their cases, the hearing officer takes the matter under submission. The decision, typically received by mail within two weeks, can have two main outcomes:

‍

1. Setting aside the action: This means the DMV case is dismissed, and the driver can obtain a duplicate license at no charge and continue driving as though they were never arrested.
2. Administrative Per Se action: This involves the revocation, suspension, or restriction of driving privileges. The hearing officer may impose requirements, such as attendance at alcohol education classes before reinstating driving privileges.

‍

Potential Outcomes of DMV Hearings

License Suspension Periods

For drivers 21 and older with a BAC of 0.08% or more, a first offense results in a four-month suspension, while subsequent offenses within 10 years lead to a one-year suspension. Refusing or failing to complete a chemical test carries more severe penalties, with suspensions ranging from one to three years depending on the number of prior offenses.

‍

Restricted License Options

Drivers may apply for restricted licenses under certain conditions. Options include:

‍

1. Restricted License:  A driver may obtain a restricted license if they qualify, and fulfill certain requirements.  This license will allow them to drive to and from work, during work, and to and from the DUI Education Program.
2. Ignition Interlock Device (IID) Restriction: Permits driving anywhere you want, at any time, as long as you are driving a vehicle with an IID installed on it.

Commercial drivers must downgrade to a Class C license to obtain a restricted license, otherwise their commercial license will remain suspended for an entire year on a first time DUI.

‍

Reinstatement Requirements

To fully reinstate driving privileges, individuals must:

‍

1. Serve the full suspension or restriction period.
2. Provide proof of DUI program completion.
3. Submit proof of insurance (SR-22) and maintain it for three years.

It's crucial to clear all outstanding suspensions or revocations to fully reinstate driving privileges.

‍

Appealing the DMV Hearing Decision

If an individual disagrees with the outcome of their DMV hearing, they have two main options to appeal the decision:

‍

1. Request an Administrative Review: The individual can request an administrative review by submitting a written request to the DMV within 15 days of receiving the decision. The DMV will then review the case, including all the evidence and procedures from the original hearing, to determine if any errors were made.
2. File a Writ of Mandamus: Alternatively, the individual can file a writ of mandamus with the California Superior Court. This legal action asks the court to review the DMV’s decision and determine whether it was made in accordance with the law. This process typically requires the assistance of an attorney and must be filed within 90 days of the DMV's decision, or following a denial of the Administrative Review discussed above.

‍

The Dual Nature of DUI Cases in California

DUI cases in California involve two separate processes: criminal court proceedings and DMV administrative hearings.

‍

Criminal Court Proceedings

Criminal court proceedings focus on determining guilt or innocence. The accused appears before a judge, and the case is handled by the criminal justice system. These proceedings are mandatory and can result in penalties such as fines, probation, or incarceration. The court also has the power to suspend or revoke driving privileges as part of the criminal penalties.

‍

DMV Administrative Hearings

DMV hearings are administrative proceedings that specifically address the driver's license status. Unlike court proceedings, these hearings are optional but must be requested within 10 days of arrest. The DMV hearing officer presumes guilt and relies heavily on the police report. The focus is on the circumstances surrounding the arrest and whether the license suspension should be upheld.

‍

How They Interact

While separate, these processes can influence each other. Information gathered during the DMV hearing might impact the criminal case. However, outcomes don't automatically carry over between the two. For example, winning a DMV hearing doesn't guarantee a favorable result in court. Both processes serve to protect constitutional rights and provide due process before restricting liberties or seizing property.

‍

It is important to note that the DMV procedures may continue even if nothing is ever filed in Court, so it is possible to lose your driving privileges through the DMV process, and no charges are ever filed in Court because the prosecutor did not feel there was enough evidence to prosecute the case.  The DMV decision would still stand. 

The Government has determined that driving in California is a privilege, and not a right, so they allow the DMV to determine if you are allowed to continue driving in California.