San Francisco DUI Lawyer California DMV Hearing Attorney

• Introduction
• DMV Hearing Issues
• DMV Hearing Procedure
• License Suspension
• California Vehicle Code
• Driver's License Compact
• California DMV Locations
• DMV Hearing Lawyer

California DMV Hearing

California drivers arrested for a driving under the influence of alcohol or drugs are most often unaware of the relationship between a DUI arrest, the California Department of Motor Vehicles, and their driver's licenses. DUI arrests in California usually initiate two separate cases.  One case is in criminal court, while the other case is at the California DMV. Losing either case can result in a driver's license suspension.

At one time, both the criminal court and the California DMV could independently order a California driver's license suspended, although it was actually the California DMV which would impose the suspension. However, legislation affecting California DUI arrests after Sept. 20, 2005 removed the authority of criminal courts to suspend drivers' licenses (although the criminal court can condition pretrial release on the arrested person surrendering their driver's license). Now only the California DMV can suspend a driver's license, either as a result of an unsuccessful California DMV hearing or a criminal court conviction.

While an experienced California drunk driving defense attorney can assist with both cases, the California DMV case is far more time-sensitive than the criminal case, because a driver facing a DUI charge in California has only 10 calendar days from the date of arrest to request a hearing with California DMV. If no hearing is requested within the 10 day period, which includes weekends and holidays, the driver's license will automatically be suspended for a minimum of four (4) months thirty-one (31) days following the DUI arrest. Even drivers licensed in another state may see their privilege to drive in California suspended and their out of state driver's license suspended in their home state through the Interstate Driver's License Compact.

The California Department of Motor Vehicles hearings are known as administrative per se (APS) actions. APS hearings are held at The California DMV Driver Safety Offices, not at the local DMV field offices. The issues involved in an APS hearing depend on whether the driver took a chemical test to determine blood alcohol content (BAC), or refused the test.

If the motorist submitted to a chemical test, there are three issues - whether police had a reasonable cause to believe that the driver was under the influence at the time of driving, whether the arrest was lawful, and whether a chemical test showed that the driver had a BAC of .08 percent or greater. If these three facts are found to be true the the preponderance of the evidence (probably) legal standard, the driver's license will be suspended.

If the driver refused to submit to a chemical test, it is extremely important to determine whether the driver was advised of the repercussions of the refusal, and whether the motorist continued to refuse the test after being advised of the consequences. If the accused motorist is unsuccessful at the California DMV hearing, the length of the driver's license suspension will be substantially longer than for a driver who submits to a chemical test.

The California DMV decision is typically based on police reports, DMV forms, the driving record and chemical test reports, and is extremely technical in nature. Some of the evidence sought to be introduced at the California DMV may be excluded as inadmissible evidence. This is why it's important to be represented by a California DUI defense lawyer who is knowledgeable about the California DMV hearing process. An attorney will challenge evidence based on the hearsay rule, and if the evidence cannot be legally introduced, the California DMV cannot suspend the driver's license.

While the court is concerned with the criminal aspects of a DUI case, the California Department of Motor Vehicles focuses solely on the administrative aspects - the power to revoke, suspend, or restrict a driver's license. It is important to understand that the DMV's action is a second, entirely separate civil case from the criminal. Therefore, there are few constitutional protections when it comes to the DMV driver's license suspension action.

Additionally, the California DMV hearing process is unusual in that that the prosecutor and the "judge" are the same person, meaning the individual seeking to introduce evidence is the same person who will decide upon the weight of the evidence. Notably, the DMV hearing officer most often isn't an attorney.

The license suspensions imposed by The California DMV against an unsuccessful driver can be severe - on a first offense, the license is suspended for a minimum of four months, with the possibility of getting a restricted license to drive to work. Drivers facing a first offense who refused a chemical test will lose their licenses for one year, and there is no provision for obtaining a restricted driver's license.

When a driver has multiple DUI convictions within 10 years, the repercussions are even harsher. For a second offense, the driver's license is suspended for one year - two years if the driver refused a chemical test. On a third offense, the license is revoked for three years.

Even though the odds are stacked against the driver at a DMV hearing, it is possible to prevail. A California DUI defense lawyer who specializes in defending DMV cases will plan a strategy to attack a DMV license suspension action and fight to retain California driver's license.

Call a Qualified Attorney Now!

Robert Tayac's office may be reached at 415-552-6000, or 800-254-0000 between the hours of 8:00 a.m. and 8:00 p.m. any day of the week and in an emergency at any time.

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