At the DMV hearing, the hearing officer will review the evidence of guilt provided by the arresting officer. Following this, you will have the opportunity to present your evidence.
You are entitled to testify and question the arresting officer as well as other witnesses. This process can take place at a DMV office or may even be conducted over the phone. It’s crucial to carefully examine and comprehend the details of the hearing process as described, and prepare accordingly, ensuring all relevant information and updates are considered.
What happens at the DMV DUI hearing?
At a DMV DUI hearing, an agency officer will review evidence concerning allegations of driving under the influence (DUI) and make a decision on whether to suspend your driver’s license. This hearing is separate from any criminal proceedings. While you have the right to legal representation, you must bear any associated costs yourself.
The hearing does not take place in a courtroom but is conducted at a local DMV office or over the phone. The individual overseeing the hearing is a DMV employee, typically trained by the DMV to handle such proceedings, though they are not required to hold a law degree.
During the hearing, the arresting officer will present their account and typically submit the police report as evidence. Their testimony will likely cover the reasons for the initial traffic stop, your demeanor and interaction with them, your performance on field sobriety tests (FSTs), your compliance or refusal of a chemical breath test or breathalyzer, and if applicable, your blood alcohol content (BAC) from any breathalyzer, blood, or urine test administered.
You have the right to cross-examine the arresting officer, usually through your criminal defense attorney. You can also challenge other evidence like the police report, subpoena and present witnesses, and testify on your own behalf.
Common defenses at these hearings can include arguments such as not being the driver, insufficient probable cause for the traffic stop, failure by the officer to observe you for the required 15-minute period before administering a breath test, or failure to inform you of the consequences of refusing a breathalyzer.
The DMV hearing officer will determine whether the evidence predominantly indicates that you were under the influence. This standard, known as “preponderance of the evidence,” is less stringent than the “beyond a reasonable doubt” standard used in criminal cases. A preponderance of the evidence means it is more likely than not that you were under the influence.
What happens if I win the DMV hearing?
If you are successful at your DMV hearing, you will retain your driving privileges. This outcome could also potentially bolster your position in the related criminal DUI case.
When the law enforcement fails to meet its burden of proof at the DMV hearing, the hearing officer will dismiss the proposed license suspension. Essentially, this action preserves your driving rights.
While the DMV hearing and the criminal DUI case are separate legal matters, a victory at the DMV hearing can often signal potential weaknesses in the prosecutor’s case against you. Notably, it may indicate that the evidence against you did not satisfy even the lower standard of proof required at the DMV hearing, known as “preponderance of the evidence.”
However, winning the DMV hearing does not automatically influence the outcome of the criminal case. Some prosecutors might offer a plea deal or decide to drop the charges entirely after a loss at the DMV hearing, but others may choose to continue with prosecution. If the criminal case proceeds to trial and results in a conviction, the judge still has the authority to suspend or revoke your driver’s license regardless of the DMV hearing outcome.
Can my driver’s license be suspended if I lose?
Yes, if you lose the DMV hearing, your driver’s license will be suspended. The DMV’s authority is limited to this action alone; they cannot impose fines or incarcerate you.
The duration of the license suspension varies based on the specifics of your case, including any previous DUI or DWI convictions. For instance, first-time offenders may face a suspension period of up to one year.
Even if you lose at the DMV hearing, you have the right to appeal the decision. Depending on your state, this appeal could lead to a court case or initiate an internal administrative review by the DMV.
Separately, the criminal DUI case will proceed, where you might face additional penalties imposed by a judge, such as jail time, fines, mandatory alcohol rehabilitation, counseling, or community service.
However, a loss at the DMV hearing can still yield strategic benefits. Often, the evidence presented during the hearing may expose weaknesses in the prosecutor’s case. For example, if the officer’s testimony during the DMV hearing suggests that the initial traffic stop might lack probable cause, this could influence the criminal proceedings. Recognizing these potential issues, the prosecutor might offer a more favorable plea deal.
How does it work in California?
In California, the DMV DUI hearing operates similarly to those in other states but is specifically termed a Driver Safety Administrative Per Se (APS) hearing. These hearings are conducted at local California DMV Safety Branch offices.
Following a DUI arrest in California, your driver’s license will be confiscated, and you will receive a pink Notice of Suspension. This notice acts as a temporary license for 30 days. Importantly, the notice also advises you of your right to request a DMV hearing. You must request this hearing within 10 days of your arrest. Failing to do so will result in the automatic suspension of your driver’s license once the 30-day temporary license expires.
The duration of the license suspension in California varies based on your driving history and the specifics of the incident. However, options such as installing an ignition interlock device (IID) can potentially reduce the suspension period. You might also qualify for a restricted license, allowing you to drive under certain conditions.
Given the complexities and the stakes involved, it is highly recommended to engage a DUI attorney who can provide expert legal assistance in preparation for and during your DMV hearing.
