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 process:
Requesting a Hearing
You have only 10 days from the date of your DUI arrest to request a DMV hearing. If you don't, your license will automatically be suspended after 30 days. This hearing is critical because it is your only opportunity to challenge the suspension of your driving privileges.
The Purpose of the DMV Hearing
The DMV hearing is not about determining guilt for the DUI itself; rather, it examines 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.
How the Hearing Works
Unlike a criminal court trial, 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.
Preparing for Your Hearing
Having a skilled DUI attorney is critical for navigating the DUI DMV process. Your lawyer can help challenge the evidence presented, such as the accuracy of BAC tests or whether the arrest was lawful. 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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