DMV Administrative Hearing vs. Criminal Court Trial

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.

During your 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 the influence?
  • Was your arrest lawful?
  • 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!