After a DUI arrest, the California DMV will automatically suspend your drivers' license unless you schedule a DMV hearing within ten days. You might think that a DMV hearing and DUI court appearance are the same thing, but this is not true. Your DMV hearing serves a different purpose. Your court appearance will determine whether you committed DUI; the hearing will decide if your license should be suspended. Yes, there could be crossover between the hearing and you court date, but the purpose of each proceeding is unique.
What You Need to Know About DMV Hearings
- You are not required to schedule a hearing after your DUI arrest; however, the DMV will automatically suspend your license if you don't schedule a hearing.
- You have the right to legal representation during your hearing.
- A DMV hearing does not decide if you are guilty of DUI; it is separate from court proceedings.
DMV Hearings Vs. DUI Court Appearance
At the hearing, you will only discuss specific issues with the DMV. Generally speaking, the DMV hearing only deals with chemical testing as it relates to your arrest. For example, did you refuse chemical testing? If so, did the chemical testing indicated DUI?
If you refused to take a Breathalyzer test, the DMV will ask questions like this:
- Did the officer have a good reason to suspect DUI?
- Was your arrest lawful or unlawful?
- Were you fully informed about the consequences of refusing the test?
"Do I need an attorney for an administrative license hearing?"
You are not legally required to hire a DUI lawyer, but an attorney can greatly increase your chances of retaining your driving privilege. A skilled defense attorney can represent you in court and review evidence for your DMV hearing as well. If you were arrested for drunk driving in Orange County, California, contact the legal team at the Law Offices of Virginia L. Landry, Inc. today. Our firm is a long-standing leader in DUI representation and our initial case evaluations are always free.