If you were recently arrested for DUI in Orange County, you will be scheduled
to appear in court on your DUI charge. You may be wondering if this is
the same thing as the DMV hearing – it’s not.
The DMV hearing is separate from the criminal court trial; the DMV hearing
is simply an “administrative proceeding” that addresses the
suspension or revocation of your driver’s license.
What’s the difference between a court trial and DMV hearing?
The DMV hearing involves your driving privilege and the circumstances of
your DUI arrest, it does not address whether or not you are guilty of
breaking the law.
DMV hearing, the following will be addressed:
- Did you take a breath, blood or urine test?
- Did the officer have reasonable cause to believe you were driving under
Was your arrest
- Were you driving with a BAC of .08% or more?
If you are arrested for DUI, the officer is required to forward a copy
of the notice of suspension or revocation to the DMV. Once the DMV receives
this completed form, it will automatically conduct an administrative review,
which includes examining the arresting officer’s report, the test
results, and the suspension or revocation order.
If the DMV upholds the suspension or revocation during your administrative
review, you may request a hearing to contest the decision. You have just
10 days to request a hearing from the DMV upon receipt of the suspension
or revocation order.
During the DMV hearing, it is important to be represented by a DUI attorney
from the Law Offices of Virginia L. Landry. If we are successful, and
the review determines that there is no basis for a suspension or revocation,
the action will be set aside.
What if the DMV suspends your license?
If you are 21 years of age or older and you submitted to a breath or blood
test, and the results showed .08% BAC of more, your license would be suspended
for four (4) months for a
first DUI offense, and for one (1) year for a second or subsequent offense within 10 years.
If you are facing DUI charges and a driver’s license suspension,
contact our office
right away to challenge your charges in court!