We can schedule an administrative hearing for you and can even appear on your behalf. You must request a hearing within 10 days of arrest. You may schedule the hearing yourself by writing to or telephoning one of the DMV's Driver Safety Offices at http://www.dmv.ca.gov/fo/dsolistings.htm. Be sure to get the name of the person that you speak to at the DMV. You'll be asked to identify yourself by your full name, your driver license number, and your date of birth. You will also be asked to verify your correct mailing address.
Your Legal Rights at a DMV Administrative Hearing
You have the right to be represented by an attorney, at your own expense. You have the right to review the evidence and to cross-examine any witnesses for the DMV. You may present evidence and witnesses and testify on your own behalf. Following the hearing, you have the right to be provided with a written decision. Should the decision be against you, you have the right to an administrative review of the decision, as well as the right to appeal the decision to Superior Court. Requests for the administrative review or court appeal must be made within a certain time period as described in the Vehicle Code. These time periods and other information concerning your rights will be provided on the notice of decision.
If the DMV orders a discretionary action against a person's driving privilege, in most circumstances that person has the right to a hearing before the department to contest the action and review the evidence supporting it. You must request a hearing within ten days of receiving notice of the action against the driving privilege. The hearings and proceedings are tape-recorded and are conducted by telephone or in person. The hearing is held before a Driver Safety Hearing Officer of the Department. At the hearing, the driver is informed of the legal grounds for the action, and has the opportunity to review and challenge the evidence of the Department, and to present evidence, witnesses and testimony to persuade the Department to modify or rescind the action. The rules that control these hearings are found in the Vehicle Code, the Government Code (Administrative Procedures Act) and in various Appellate and Supreme Court rulings. Following the hearing, the Driver Safety Hearing Officer will make a decision to uphold (sustain), modify, or rescind (set aside) the DMV action.
The DMV Hearing
The DMV must prove the following issues at the administrative hearing: If you took a blood or breath test: Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140 (minor over 0.05% blood alcohol level), 23152 (adult with over 0.08% blood alcohol level) or 23153 (DUI with injuries)? Was the driver placed under lawful arrest? Was the driver driving a motor vehicle when they had 0.08% or more by weight of alcohol in their blood? If the driver refused or failed to complete a blood, breath test: Did the peace officer have reasonable cause to believe the driver was driving a motor vehicle in violation of Vehicle Code Section 23140, 23152 or 23153? Was the driver placed under lawful arrest? Was the driver told that refusal to submit to or failure to complete a blood alcohol test would result in a one-year suspension of the driver's driving privilege? Did the driver refuse to submit to or fail to complete a blood or breath test after being requested to do so by a peace officer?
Result of DMV Hearing
If we prevail at the Administrative Per Se (A.P.S.) Hearing your driver license will be returned to you. If we lose the hearing or if you do not request a hearing and enroll in a First Offender Alcohol Program, you will be eligible for a license at the end of the suspension or revocation, provided you pay a $125.00 reissue fee to the DMV and you file proof of financial responsibility (SR-22 form). You may qualify for a restricted driver license after 30 days of suspension during which time (5 months) you may drive to and from work and the First Offender Alcohol Program. You must complete the First Offender Alcohol Program before you will be eligible to receive a California driver's license again.
Differences between DMV suspension and revocation for DUI arrest and conviction in criminal court
The DMV suspension or revocation is an administrative action taken against your driving privilege only. The suspension or revocation following a conviction in court is an action for which penalties attach for violation including jail, fine, or other criminal penalty. In addition, if you are subsequently arrested for driving on a suspended or restricted license, law enforcement will impound and may sell your vehicle.
Length of Suspended Driving Privilege for Refusing to Submit the Chemical Test
If you were 21 years or older at the time of arrest and you refused or failed to complete a blood or breath test, or (if applicable) a urine test: A first offense will result in a 1-year suspension. A second offense within 10 years will result in a 2-year revocation. A third or subsequent offense within 10 years will result in a 3-year revocation.
Acquittal of DUI Charges
When a driver has been acquitted of DUI charges in court, a suspension or revocation will be reversed if the DMV determines that the court decision does, in fact, equal an acquittal.
DMV license suspension for Excessive Points / Negligent Operator
The DMV can suspend or revoke your driving privileges for an indefinite period of time if you are a “negligent operator”. The DMV presumes you are a "negligent operator" if you have up to 4 points in a 12-month period, 6 points in a 24-month period, or 8 points in a 36-month period. Your driving privileges can also be suspended or revoked for being involved in an automobile accident and for failing a driving test. If you are labeled a negligent operator you do have rights. You have the right to have a DMV hearing to contest the suspension or revocation, and, if successful, have the DMV action set aside. You have the right to be represented by an attorney at that hearing. An experienced attorney may provide the defense you need to retain your driving privilege. Contact the Law Office of Renee J. Nordstrand for a free consultation.
DMV license suspension for Medical Condition / Age
If you are unable to operate a motor vehicle in a safe manner due to a medical condition, or due to your age, the DMV can suspend or revoke your driving privileges for an indefinite period of time. The DMV may get notice of your medical condition by your doctor, a police officer, or a public citizen, as a result of your alleged inability to operate a motor vehicle in a safe manner. If so, you are entitled to a DMV interview and hearing to contest the potential suspension or revocation of your driving privilege, and, if successful, have the DMV action set aside. You have the right to be represented by an attorney at that hearing. An experienced attorney may provide the defense you need to retain your driving privilege.
