If you were arrested for
driving under the influence (DUI) of alcohol or drugs in Orange County or anywhere else in California,
you will soon learn about the DMV hearing, which is different than the
criminal court hearing. How are they different?
According to the
State of California Department of Motor Vehicles, the DMV hearing “is an administrative proceeding regarding the
suspension or revocation of your driving privilege only.” So, why
do you have the opportunity to address your license suspension in a separate
proceeding? Because, under the State and Federal Constitutions, no one
is supposed to be deprived of their property (in this case a driver’s
license) without “due process of the law,” according to the
What is the DMV Concerned With?
DMV hearing is technically an administrative proceeding; it is not part of the criminal
trial. The purpose of the DMV hearing is to address your driving privilege
and to examine the circumstances of your DUI arrest. The DMV is not trying
to decide if you’re guilty of driving under the influence –
that’s the court’s job.
These are the facts the DMV will be concerned with:
Did you take a
blood, breath or urine test?
Did the police officer have a good reason to believe you were driving under
the influence of drugs or alcohol under Vehicle Code Section
- Did you refuse to take a chemical test?
- Was the arrest lawful?
- Did the officer tell you that if you refused a chemical test, your driver’s
license would be automatically suspended for one year or revoked for two
or three years?
You are not obligated to request a DMV hearing; however, we highly recommend
having one because if you do nothing, your license will be automatically
suspended after 30 days from the date of your DUI arrest. To avoid this
automatic suspension, you must schedule a DMV hearing within 10 days of
your DUI arrest.
At the Law Offices of Virginia L. Landry, Inc., we represent clients at
DMV hearings throughout Orange County.
Contact us today for a free case evaluation!