A California DUI arrest kicks off two separate processes. One is a court process where the accused is facing jail time, fines, and programs. The other process is a DUI DMV hearing, where the DMV wants to suspend the accused’s driver license. These two DUI processes – court and DMV – are completely separate and have no impact on each other.
DUI DMV Hearing Request
We only have 10 days to request a DMV hearing, or else the driver’s license gets automatically suspended. That suspension will take effect 30 days after the arrest. Requesting a hearing is more complicated than it should be. Often, drivers call the DMV, get the runaround, and end up not finalizing the hearing request. At Criminal Defense Heroes, P.C., we fax our hearing requests to the DMV and then follow up. If there is ever a question as to the timing of the hearing request, we have the fax confirmation to prove that we did it timely.
After we request a hearing, the DMV calls us to arrange for a suitable hearing date and time. The driver gets a temporary driver license that is valid until we get the results of the hearing. So, the driver gets to keep driving while we work on the DUI DMV process.
Preparing for the Hearing
After have a hearing on calendar, we get to work gathering the documents and evidence that we need. The DMV will usually send us the police reports and chemical test results. When we receive those documents, we send out subpoenas to the arresting agency, the crime lab, and other parties that might have relevant information. We request body camera footage, dash camera footage, jail camera footage, audio recordings, additional reports, and science information related to the testing of the blood and/or breath samples.
In some cases, the DUI DMV hearing is delayed because we don’t receive the evidence on time. In other cases, we win the hearing because the DMV does not timely provide the documents that they are supposed to provide. As we receive the evidence, we review it for errors and opportunities to set the client up for success. It is also helpful to have all of these items before the case goes to court.
In some cases, we advise the client to retain and expert witness to testify about why the evidence does not support the DMV’s case. This can lead to winning the hearing.
Winning the California DUI DMV Hearing
DMV hearing officers preside over DMV hearings. They are not lawyers. They are not judges. These are DMV employees assigned to hear these cases. The DMV provides very little training for their hearing officers.
When we win the DUI DMV hearing, the DMV issues a “Set Aside” of the license suspension action. We win hearings for a wide variety of reasons. The arguments in each case are different. Sometimes, there are constitutional issues, such as Due Process, where the DMV did not provide proper notice of the hearing issues. In other cases, we find that the police did not follow the rules in collecting evidence, so the DMV can’t use it. In some test refusal cases, we demonstrate that the police officer did not properly admonish the driver about the license suspension process.
If the hearing officer decides against us, we can appeal that decision to a judge in Superior Court.
If you have been arrested for DUI, please contact us right away, so that we can request a DUI DMV hearing within 10 days and set your case up for success. Call us today at 323.529.3660.
