What is the DMV Administrative Hearing?

Were you recently arrested for driving under the influence (DUI) in Orange County? If so, you need to learn about the DMV administrative hearing. In the case of a DUI arrest, when the DMV suspends or revokes someone’s driver’s license, that person is entitled to a hearing before the department so they (the driver) can contest this action. There’s a catch though.

You must request the hearing within 10 days of receiving the suspension or revocation order.

Not only is it important that you request this hearing as soon as possible after your arrest, it’s critically important to have a DUI attorney represent you at this hearing.

At the hearing, your defense attorney has the opportunity to challenge the department’s evidence, and to present their own evidence, as well as witnesses and testimony to try and persuade the department to either modify or rescind the DUI license suspension.

Your rights at a DMV hearing, include:

  • You have the right to an attorney
  • You have the right to review any evidence
  • You have the right to cross-examine testimony
  • You have the right to present witnesses or evidence
  • You have the right to testify on your own behalf

If you fail to schedule a DMV administrative hearing within 10 days of getting the suspension or revocation order, your license will be suspended or revoked. If you request a hearing but do not show up for the hearing, the department proceeds with the case against you.

If you schedule and attend the hearing and the review determines that there’s no legal basis for a suspension or revocation, the action shall be set aside. If that’s the case, the DMV will notify you in writing if the suspension or revocation was set aside after it conducted its review.

The DMV suspension or revocation is independent from any court-imposed fines, jail sentence, or criminal penalties. It is strictly an administrative action taken against your driving privileges, called an Administrative Per Se (APS).

We Can Represent You at the DMV Administrative Hearing

At the Law Offices of Virginia L. Landry, Inc., we can represent you at your DMV administrative hearing and fight for your driving privileges. Board Certified in DUI defense, Attorney Landry is one of Orange County’s leading DUI lawyers and she’s ready to defend you. Call now!

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