Administrative Driver Motor Vehicle (DMV) Hearings

A DMV hearing represents the administrative aspect of a case in terms of the driver’s license and his/her privilege to continue driving, when the individual is charged with a DUI in the state of California.

It’s an entirely separate entity from the court where the individual is expected to fight the criminal case against him/her. Appearing for a DMV hearing is considerably informal in comparison, and has the potential to help develop a substantial case given the gathered evidence and the testimony of the subpoenaed arresting officer, for when the individual is to show up at court.

DMV Hearings

Since the DMV department is a state agency, it evades the criminal charges against an individual and only concentrates on if and why should driving privileges be taken away from the individual in question. Ideally, the administrative hearing officer conducts the proceedings, as the DMV hears its own cases and gives its own verdicts contrary to court rulings.

The DMV has the authority to take action such as revoking the driver’s license or suspending it against the DUI conduct. This is based on the divulged circumstances, mainly on the driver’s blood alcohol content (BAC) and if the arresting officer had probable cause to make the arrest.

Why Do I Need a DMV Hearing?

When arrested for a DUI conduct, your driver’s license is confiscated. Only once you are released are you provided with a pink slip, which acts as a temporary license for the next 30 days. You then have 10 days to appeal for a DMV hearing or 14 days from when the notice is sent out.

If for some reason you fail in doing so, you stand to lose the chance to plead your case and increase the chance of losing your license altogether. The DMV hearing acts as a necessary platform to present relevant evidence and testify to elaborate on the circumstances surrounding the incident in order to avoid revocation or suspension of the license.

What Issues does the DMV Address?

The DMV hearing officer only forms the verdict based on certain issues that comply with their rules, to determine the driving privileges of the individual in question.

Some of these issues include:

• Was the arrest made by the arresting officer lawful?
• Was the blood alcohol content level above the prescribed limit of .08?
• Was there any indication of probable cause suggesting the individual was driving under the influence?
• Did the individual comply with the chemical breathe or blood test or simply refuse it?

What are My Hearing Rights?

Every individual has the following rights when appearing for their DMV hearing:

• Even though a DMV hearing doesn’t require an attorney to be present, an individual has the right to hire one.
• Before the hearing the individual has the right to claim the arrest report in order to prepare for their testimony at the hearing by reviewing the evidence.
• The individual also has the right to testify for themselves and produce a witness.
• The individual has the right to subpoena the arresting officer in order to cross question him or her.
• After the hearing the individual can acquire the decision reprimanded in writing so as to conduct a review or appeal the decision to a superior court if it isn’t in the individual’s favor.

Difference between DUI Court Trial and DMV Hearing

The primary difference between the DMV hearing and a court trial is that they are two separately functioning entities.

The DMV is solely concerned with the driving privileges of individuals, whereas the court conducts criminal investigations in regards with unlawful conduct in the case of DUI, and the damage done while under the influence. The other major difference is that when it comes to the DMV hearing, whether the individual is guilty or innocent is inconsequential.

Why Do I Need the Help of a Lawyer with DMV Hearings?

For every individual, driving is not just a privilege but a right, and losing that right can bring about chaos in their everyday lives. An experienced DUI attorney can help you reduce the chances of your license being revoked, as well as help you build your defense and ensure that your hearing is conducted in fairness.

Our Fresno CA lawyers have what it takes to help clients win back their driving privileges. We have years of experience in handling such cases with the Fresno DMV department. We can also communicate with the Fresno DMV office on your behalf, assist you with details about any paperwork you need to fill out, keep you informed on the Fresno DMV hours and more!