A DMV (Department of Motor Vehicles) authorized hearing is an administrative process to address traffic violations. However, it is not as formal as a court proceeding. There will be serious consequences involving legal procedures and outcomes involving your driving privileges. This hearing is generally held after a DUI arrest, and it will determine if your license is suspended or revoked. It is a hearing that contains formal rules on procedures and evidence.

You must argue your case under these complex rules before a hearing officer who is often asked to approve proposed license actions. Deadlines for requesting and preparing a hearing are strict. Moreover, this administrative procedure is independent of any related criminal court proceedings and requires its own legal strategy.

We at Monterey Criminal Attorney are ready to assist you. Contact us if you are arrested for a traffic violation or are facing a DMV administrative hearing.

An Overview of California DMV Administrative Hearings

The administrative hearing is a formal action that is different from court proceedings. It is a civil or administrative, non-criminal action to review a person’s driving privilege and whether his/her license should be suspended or revoked. In contrast, a criminal case that involves a driving-related offense determines the guilt or innocence of the party and can result in sanctions, including fines, jail, or a mandatory enrollment into a DUI program if found culpable.

A DMV hearing, especially one under the Administrative Per Se (APS) laws, provides a fast review of specific incidents that could result in the suspension of your driver’s license. An example would be after a DUI arrest or refusal of a chemical test. The DMV begins an APS action to suspend a driver’s license regardless of criminal charges. The hearing allows the driver to fight against the automatic suspension.

A DMV hearing officer conducts the hearings. He/she is typically an employee of the DMV who serves as the decision-maker. The officer weighs the evidence you present through your attorney and the DMV. Despite the legal proceedings, the hearing officer does not have the same authority as a judge in criminal court. The hearing officer will only deal with DMV problems, like license suspensions, not criminal penalties.

Common Triggers for DMV License Suspension Hearings

The DMV can suspend your license if specific actions or situations arise, leading to an administrative hearing. The triggers that happen most often, especially those that trigger Administrative Per Se (APS) hearings, are driving under the influence (DUI) and refusals to take chemical tests.

When You Are Arrested for DUI and Your BAC Is Too High

If you are arrested for a DUI and then a chemical test shows that your blood alcohol content is at a certain level, that could trigger an APS hearing. The legal limit is 0.08% for most adult drivers and 0.04% for commercial drivers. There is also a 0.01% for drivers under 21 or drivers on DUI probation. The goal of an APS process for DUI is to suspend driving privileges through an administrative process quickly. This is similar to the criminal court case for the DUI charge.

When You Refuse to Submit to a Chemical Test After a DUI Arrest

If you refuse to submit the chemical test, whether breath, blood, or in certain instances urine, after a legitimate arrest for DUI, it will automatically trigger a license suspension for a year due to the laws of implied consent. It will also initiate an APS hearing, allowing you to challenge it.

When You Accumulate Too Many Points on Your Driving Record

Having too many points on your driving record will trigger a DMV hearing. This hearing could designate you as a negligent operator. You will be assigned points for traffic violations and accidents. Depending on how many points you accumulate within what time frame, you will be assigned a scheduled hearing date.

When a Medical Condition Affects Your Ability to Drive Safely

If your medical condition impacts your ability to drive safely, then the DMV can impose a restriction or suspend your driving privilege after reviewing your case and holding a possible hearing.

The Critical 10-Day Deadline to Request Your Hearing

Time is of the essence after being arrested for a DUI or receiving a notice of suspension for any other reason. You must request an administrative hearing with the DMV within 10 calendar days of your arrest date or the date of the suspension notice you received, whichever is sooner. The 10-day deadline encompasses weekends and public holidays.

If you do not request a hearing within 10 days, your driver’s license will be automatically suspended or revoked 30 days after the date of your arrest or notice.

When arrested for intoxicated driving, the arresting officer will take your physical driver’s license from you and issue you a temporary license, generally a pink piece of paper. This is often Form DS-367, Order of Suspension or Temporary License. This pink slip is a temporary driving permit valid for 30 days. If you do not request a hearing within the first 10 days, the suspension action described on this form will automatically begin once the 30-day temporary period expires.

Crucially, if you request a hearing within 10 days, your driver’s license will not be suspended and will remain valid until the outcome of the DMV hearing. This stay is crucial to preserve your legal license until judgment is made on your case.

How to Properly Schedule Your California DMV Hearing

If you want to successfully request an administrative hearing from the DMV, contact the appropriate DMV Driver Safety Office within 10 days and provide them with certain information. There are typically a few ways to make this request.

The most common method is by phone. You can contact the Driver Safety Office for the area in which the incident occurred. Be ready to give your full name, date of birth, driver's license number, when and where you were arrested, or the date you received your notice of suspension. Make it clear that you want a hearing before a magistrate. Moreover, you should also ask for a stay of suspension to keep your license from being suspended automatically and to ask for discovery, which will get you the evidence that the DMV will use against you at the hearing, like the police report and chemical test results. When you are on the phone, write the name of the person you speak with, the date and time of your call, and any confirmation number.

Another method is to submit a request by mail. It is best to send the right Driver Safety Office a certified letter to have proof of timely submission. The letter should contain all the necessary information for the phone call request. You should also expressly state your request for a hearing, stay of suspension, and discovery.

Although less common for the first request, some DMV offices may offer fax or online options. While making the request, ask if the hearing will be by phone or in person and mention your preference, but the DMV will make the final decision. Make sure that you receive confirmation that your hearing request was received.

Your Rights During the DMV Hearing Process

You have a right to be represented by an attorney or another representative of your choice at your own expense. Having a lawyer is not mandatory when going through the DMV hearing. However, it would be beneficial as they have experience dealing with such affairs.

Before your hearing, you also have a right to review the DMV’s evidence against you through discovery. This allows you, or your attorney, to review the evidence the DMV intends to rely on to prove its case, like the arresting officer’s report, chemical test results, and other records.

Moreover, you have the right to present your evidence and witnesses to counter the DMV’s case and prove your case. These can be any evidence, like documents, testimony, or photographs. You could testify on your own behalf. You also have the right to remain silent. The DMV has the burden of proving your suspension was justified.

During APS hearings, your rights extend to cross-examining any witness, particularly the arresting officer, if you or your representative subpoenas them to the hearing. This lets you challenge their observations, procedures, and the basis for their action against your license. You can request for an interpreter if you have trouble understanding the language used in the hearing.

Preparing for the DMV Administrative Hearing

Getting ready for a DMV administrative hearing is very important. To develop the proper defense in your favor, you should gather information meticulously and understand the evidence against you.

A crucial step is requesting discovery from the DMV. The formal request is made when you ask for your hearing. It requires the DMV to give you the evidence they intend to use. Typically, this includes:

  • The arresting officer’s sworn statement (DS-367)
  • Police reports
  • Chemical test results (breath or blood analysis reports)
  • The calibration and maintenance records for the testing equipment

It is important to review this evidence package carefully for inconsistencies, errors, or omissions that may help your case.

Subpoenaing the arresting officer to testify in a DUI-related APS hearing is often a strategic decision. Although the DMV usually relies on the officer’s written report, having the officer present allows cross-examination. You can ask the officer about the traffic stop, how field sobriety tests were administered, the circumstances around the chemical test, and whether proper protocol was followed.

Building a defense strategy relies heavily on the specific facts of your case. If you are pulled over for DUI (alcohol or drugs) or you are at your court appearance for a refusal, there are defenses you can use. They could include:

  • The officer did not have probable cause to stop you in the first place
  • The arrest was Unlawful
  • The APS admonishment did not take place. This is the statement about the consequences of a refusal or failing a chemical test
  • There were problems with the administration or analysis of the chemical tests
  • You had a rising BAC, where you were below the legal limit while driving, and later the BAC rose above the legal limit
  • You had or have a medical condition that affected the test results or gave the impression you were inebriated
  • The police officers did not follow Title 17 of the California Code of Regulations, which has strict rules on the collection, separation, analysis, and handling of blood and breath samples, including the timing of collection to the time of submission to the analysis in the lab.

What to Expect During the Proceeding

A DMV administrative hearing usually takes place at a driver safety office. These hearings may be conducted in person or, more often now, on the phone or by video. The key participants are the motorist (and their attorney, if applicable) and the DMV hearing officer. The hearing officer is a DMV employee who wears two hats. Unlike a judge in court, the hearing officer offers the evidence for the DMV and makes the decision.

No district attorneys are present during the hearing. This is a civil administrative matter as opposed to a criminal prosecution.

DUI arrest APS law hearings focus the hearing on specific issues. If a chemical test were administered, then the issues include the following:

  • Did the officer have reasonable cause to believe you were driving in violation of the DUI laws?
  • Was the arrest lawful?
  • Were you driving with a BAC at or above a level of 0.08% or the applicable limit?

If the hearing is about a chemical test refusal, the issues include the following:

  • Did the officer have reasonable and probable cause to believe you were driving contrary to DUI laws? Was the arrest lawful?
  • Were you advised that your license would be suspended if you refused to submit to or failed to complete a chemical test?
  • Did you turn down or fail to complete a chemical test?

Both sides present evidence. The DMV usually depends on the officer’s sworn report and chemical test results. Your attorney will present your evidence in witness testimony or expert reports. If the arresting officer received a subpoena, you can cross-examine the officer and question their observations and procedures. Both sides in the hearing will make legal arguments, including the hearing officer, who presents the DMV's case, and your representative, who will argue against the suspension.

In a DMV hearing, the DMV carries the burden of proof. This means that they must prove that the grounds for suspension exist by a preponderance of the evidence, which means it is more likely than not that they are true.

The Potential DMV Hearing Outcomes

After a hearing with the DMV, the hearing officer will decide on your driving privilege. There are two primary potential outcomes.

Setting Aside Your Suspension

The best outcome is that they set aside the suspension. This situation arises when the DMV cannot adequately prove one or more crucial issues. A suspension set aside means that the DMV’s action to suspend your license is cancelled, and you get to keep your driving privilege. Winning at the administrative hearing is considered to be a win.

Upholding Your Suspension

The other outcome is that the suspension is upheld. This means that the hearing officer concludes that the DMV provided ample evidence for suspending or revoking your driving license. The duration of your suspension will vary based on the details of the incident and if you have received any prior DUI or sustained administrative actions in the last decade. A first DUI with a BAC of 0.08% or higher typically has an APS suspension of four months.

If you refuse to take a chemical test, even if it is your first offense, the suspension will generally be longer, typically one year, and you will not be eligible for a restricted license during that time.

Drivers charged with a DUI for the first time may be eligible for a restricted license. This can occur after the 30-day mandatory suspension. You must first fulfill the specific requirements of the DMV. A restricted license allows you to drive under certain limitations, usually to and from work in the course of your employment and to and from a DUI program.

To obtain a restricted driving license, you usually will be required to attend a DUI program and show proof of financial responsibility (SR-22). Chemical test refusals have no right to a restricted license for the entire duration of the suspension period in most instances. You will receive a written Notice of Findings and Decision from DMV explaining the decision and its reason.

Appealing an Unfavorable DMV Administrative Hearing Ruling

If you receive an unfavorable decision from a DMV administrative hearing, that does not mean all is lost regarding your driving privilege. However, it does start the clock on a strict timeline to appeal. You usually have two ways to appeal the hearing officer’s decision.

The first option would be a departmental review, an in-house DMV appeal. You must request in writing within a very short time frame, generally 15 days from the decision date. During this step, another DMV official will determine if the first decision was made consistently with the law and the evidence by reviewing the hearing record. However, in many cases, the scope of this review is limited, as these reversals are very rare.

The more complicated choice would be to bring a writ of mandate in the California Superior Court. This is a legal challenge to a judge reviewing the DMV’s administrative hearing to see if the DMV abused its discretion or failed to proceed in the manner required by law. The procedure is complicated and has strict filing deadlines, generally 34 days from the DMV’s disposition, with extensions possible if a departmental review was pursued. Moreover, it almost always requires the assistance of a lawyer experienced in administrative law and writ proceedings.

You may be eligible for a restricted license after the mandatory suspension period if your license suspension is upheld and you are not facing a refusal-based suspension. The process involves the following:

  • Applying to DMV
  • Paying fees
  • Proving financial responsibility
  • Filing SR-22 insurance
  • Furnishing proof of enrollment in or completion of a required DUI program

For certain crimes or prior history, restricted driving privileges could require an Ignition Interlock Device (IID) and proof of installation.

How California DMV Hearings Affect Out-of-State Drivers

If you are a licensed driver in a state outside of California, and the California DMV takes action against you, for example, an arrest for DUI, there will be consequences beyond California’s borders. While the California DMV can only suspend or revoke your ability to drive in California, they will inform your home state’s motor vehicle agency of the administrative action and any criminal conviction thereafter.

The Interstate Driver License Compact (IDLC) and the National Driver Register (NDR) are essential for reporting this matter. Most states have the IDLC agreement to share information about non-residents’ license suspensions and traffic violations. The NDR is a national database that tracks problem drivers. When California then sends a notice to your home state about a suspension or a conviction via these systems, your home state will likely take some action against your driver’s license, as per its laws, which could be the automatic suspension or revocation of your out-of-state license.

So, even if you live outside California, it is important that you respond to a California DMV administrative hearing request within 10 days. If you cannot attend in person, you can have a California attorney represent you at the hearing, usually by phone. If you fail to respond to the California DMV action, you are almost guaranteed to have some consequences in your home state that will affect your ability to drive legally there. You should contact an attorney who handles out-of-state driver cases to help negotiate this challenging situation.

Find a DUI DMV Hearing Attorney Near Me

Going through a California DMV administrative hearing is critical, as it can seriously affect your driving privilege, independent of your criminal charges. The 10-day timeframe to ask for a hearing is stringent. You should meet the deadline, know your rights, prepare your case through discovery and strategy, and present the evidence.

If you get an unfavorable outcome, you could lose your license, which could affect your life. However, you have the right to challenge the DMV's action. It is usually unwise to attempt a DMV hearing alone because they involve many detailed and serious issues.

If a DUI arrest, refusal of a chemical test, or other action could cause your license to be suspended, do not wait. Contact the Monterey Criminal Attorney today at 831-574-1791 to understand your options, ensure your rights are protected, and build the strongest possible defense for your DMV hearing.