DMV Process

If you're arrested for a DUI in California, you must navigate both the criminal court system and the Department of Motor Vehicles (DMV) hearing process. The DMV hearing is separate from the court case and focuses solely on whether your driver's license should be suspended. Here’s what you need to know about the DMV hearing consequences and DMV DUI process:

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Requesting a DUI Administrative Hearings

To start a DMV DUI process, drivers have only 10 days from the date of your DUI arrest to request DUI Administrative Hearings. Failure to do so results in an automatic license suspension after 30 days. This hearing is critical as it serves as the only opportunity to challenge the suspension of driving privileges.

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The Purpose of the DUI Administrative Hearing

The DMV hearing and the DMV DUI process in its entirety are not about determining guilt for the DUI itself; rather, they focus on specific issues, such as:

• Whether the police had a valid reason to stop you.
• Whether your blood alcohol content (BAC) was over the legal limit (0.08%).
• If you refused to submit to a chemical test, whether you were properly informed of the consequences of refusal.

The DMV bears the burden of proof, and if any of these conditions were not met, your license may not be suspended. However, if you lose the hearing, the DMV will impose a license suspension, which can vary depending on whether it is your first offense or if you refused a chemical test.

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How the DUI Administrative Hearings Works

Unlike a criminal court trial, during DUI Administrative Hearings, the DMV hearing officer acts as both judge and prosecutor, meaning they present the evidence and make the final decision. The legal standard is lower than in criminal cases, which means that suspensions are relatively easier to impose unless you have a strong defense. During the DMV DUI process, your lawyer represents and protects your rights, ensuring that the hearing follows proper legal procedures. They can challenge the evidence, question the validity of the arrest, and advocate for the best possible outcome, such as reducing penalties or securing a restricted license.

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Preparing for Your Hearing

Having a skilled DUI attorney is critical for navigating the DUI DMV process. During DUI Administrative Hearings, a driver's lawyer can help challenge the evidence presented, such as the accuracy of BAC tests or the lawfulness of the arrest. If successful, you could avoid license suspension. Even if you lose the DMV hearing, it's often just one part of a larger defense strategy that includes fighting the DUI charge in criminal court.

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