DMV Hearing Questions

Let a Riverside DUI Attorney Fight to Protect Your Driver's License

You must request a DMV hearing within 10 days of your arrest, or you will face an automatic driver's license suspension. Contact a Riverside DUI defense attorney from tthe Law Offices of Scott Henry today for defense of your driving privileges. The firm has provided answers to some of the most common questions about the situation, to help you prepare.

Questions and Answers About DMV Hearings in Riverside

General Questions:

How is the DMV hearing different from my conviction in criminal court? The DMV has the ultimate jurisdiction over your driving privilege, and thus has the ultimate say over driver's license suspensions and revocations. The DMV suspension or revocation is an administrative action taken against your driving privilege only. The suspension or revocation following a conviction in court is a mandatory action in addition to jail, fines, or other criminal penalties.

I've just been arrested for DUI or drunk driving-what happens now? The officer who arrested you is required by law to immediately forward a copy of the completed notice of suspension or revocation form and any driver license taken into possession, along with a sworn report, to the Department of Motor Vehicles (DMV). The DMV automatically conducts an administrative review, which includes an examination of the officer's report, the suspension or revocation order, and any test results.

When I was arrested, the officer confiscated my driver license-how do I get it back? At the time of your arrest or release from jail for DUI, the police may give you a pink notice of suspension and a temporary driver's license. The DMV could suspend your driver's license for up to 3 years for a third offense if you refused a chemical test at the time of your drunk-driving arrest. Your license will be returned to you at the end of the suspension or revocation, but you must pay a $125 reissue fee to the DMV and file proof of financial responsibility. You may get your driver's license back if the DMV finds that there was no basis for taking it.

The officer said I refused to take a chemical test. What does this mean? You are required by law to submit to a chemical test to determine the alcohol or drug content of your blood. If you refused to take a blood or breath test after being requested to do so by a peace officer, you may have to take a urine test if:

  • The officer suspects that you were driving under the influence of drugs or a combination of drugs and alcohol, or
  • Both the blood or breath tests are not available, or
  • You are a hemophiliac, or
  • You are taking anticoagulant medication in conjunction with a heart condition.

How does the Order of Suspension and Temporary License work? The license is temporary and is usually issued on a pink piece of paper. You may drive for 30 days from the date the order of suspension or revocation was issued, provided you have been issued a California driver license and your license is not expired, or your driving privilege is not suspended or revoked for any other reason.

Why do I need to contact the DMV within 10 days of my arrest? You must contact the DMV within 10 days to protect your driving privileges, as your temporary license expires 30 days after your arrest. If you contact the DMV in time, your driving privileges will not be suspended before a hearing is held and a decision is made.

Questions About the DMV Hearing

What is a DMV "APS Hearing"? In addition to court proceedings, a drunk-driving arrest triggers a DMV administrative action to suspend your privilege to drive. The Administrative Per Se Hearing (APS) is your opportunity to challenge the DMV's attempt to restrict or suspend your license.

Can I drive while awaiting my DMV hearing? If you or your attorney obtains a "stay" or postponement of your driver's license suspension pending the result of the DMV hearing, you may be able to drive before your hearing. You must contact the DMV within ten days of your arrest to petition the DMV for such a stay.

How do I contact the DMV to request a hearing? An attorney from the firm will contact the DMV to schedule the hearing for you at the office nearest to the location of your arrest. The firm will advise the DMV that you are retaining an attorney, requesting a stay on your driver's license suspension, and sending a written request for discovery. The DMV will give you the option of an "in person" or "telephonic" hearing. Requesting a hearing will most likely prevent your driving privilege from being suspended until your case is heard.

What happens at the DMV hearing? A hearing officer will conduct the hearing just like a prosecutor would in a criminal case, but the officer also makes the final decision based on the evidence presented. It will not matter that you need to drive for work or because of a medical or educational need, unless you are under age 21. You may represent yourself or hire an attorney to represent you, just as in a criminal case.

The only issues that will be discussed, by law, at the hearing are:

  • If you took a blood, breath or urine test, did the officer have reasonable cause to believe that you were driving a motor vehicle in violation of Vehicle Code 23140, 23152 or 23153?
  • Were you placed under lawful arrest?
  • Were you driving a motor vehicle when you had .08% or more by weight of alcohol in your blood or .01% or more if under age 21 or on probation for a DUI?
  • If you refused or failed to complete a blood, breath or urine test, did the officer have reasonable cause to believe you driving a motor vehicle in violation of Vehicle Code 23140, 23152 or 23153?
  • Were you told that if you refused to submit to or fail to complete a blood, breath or urine test after being requested to do so by a peace officer, that your driving privilege would be suspended for one year or revoked for two or three years?
  • Did you refuse to submit to or fail to complete a blood, breath or urine test after being requested to do so by an officer?

You or your attorney must request documents or police reports in the DMV's possession in writing before the hearing in order to see the DMV's evidence. You or your attorney may present oral testimony and other evidence, or file the information in written form.

Although the arresting officer does not have to testify, the DMV may call the officer if it is later determined that his or her testimony is needed. You or your attorney may subpoena the officer or any other witness you feel would help your case. If you decide to represent yourself, you are responsible for payment of any required fees and for making sure your witness receives the subpoena.

If, after hearing the argument of an attorney regarding your license, the review shows there is no basis for the suspension or revocation, the action will be set aside. You will be notified by the DMV in writing only if the suspension or revocation is set aside following the administrative review.

If you lose at the hearing, you may request a departmental review in writing within 15 days for an additional fee of $120, or you may request a court review by filing a writ with the Superior Court within the number of days shown on the bottom of the notice that was mailed to you telling you the results of your hearing.

Can I win a DMV hearing? It is possible to win a DMV hearing. In many cases, there are legal questions concerning the procedure of the arrest that can be challenged, as the DMV must prove that the investigation and arrest were carried out legally in order to suspend a driver's license.

The DMV must show that a person arrested for driving under the influence:

  • Takes a breath test which shows a Blood Alcohol Concentration (BAC) of .08% or more, or over .01% if under age 21 or on probation for a DUI, or
  • Takes a blood or urine test and the officer believes that the driver is at or above the .08% BAC, .01% if under age 21 or on probation for a DUI, or
  • Refuses to take or fails to complete a blood, breath or urine test of BAC.

Potential Penalties & Other Consequences

What "penalties" can the DMV impose? The DMV has the power to revoke, suspend or restrict a licensee's privilege to operate a motor vehicle in our state after an arrest for DUI. This procedure is separate from the criminal case, and any "penalty" imposed is in addition to any court penalties.

A licensee with no prior convictions for DUI and no prior suspensions for a DUI arrest will typically face a four-month suspension. If the licensee has one or more prior convictions for DUI, or "Wet Reckless," within ten years of the present offense, the DMV will suspend driving privileges for at least one year. If a licensee is under the age of 21, or has refused to submit to a chemical test, there is a mandatory period of suspension for at least one year.

How do I get a restricted license so that I can go to work? A restricted driver's license allows you to drive to and from work, during the course and scope of your employment, and to and from an alcohol rehabilitation program. The DMV hearing will not resolve this issue. You can apply for a restricted license only at a DMV branch office, not where license hearings are held.

How long will my driving privilege be suspended for refusing the chemical test if I did not request or win a hearing? If you were 21 years of older at the time of arrest and you refused or failed to complete a blood or breath test, or a urine test, if applicable:

  • A first offense will result in a 1-year suspension
  • A second offense within 10 years will result in a 2-year revocation
  • A third or subsequent offense within 10 years will result in a 3-year revocation

If you were under 21 years of age at the time of being detained or arrested and you refused or failed to complete a PAS test or other chemical test:

  • A first offense will result in a 1-year suspension.
  • A second offense within 10 years will result in a 2-year revocation.
  • A third or subsequent offense within 10 years will result in a 3-year revocation.

If you are under 21 year of age, took a preliminary alcohol screening (PAS) test or other chemical test and results showed 0.01% BAC or more, your driving privilege will be suspended for 1 year.

If my license was already suspended by the DMV or it is too late for me to request a hearing, how do I get a license to drive? To reinstate your driving privilege after a suspension or revocation, you must do all of the following:

  • Finish the complete period of suspension or revocation
  • Pay a $125 reissue fee to the DMV
  • File proof of financial responsibility with a California SR-22 Insurance Proof Certificate , or prove that you are self-insured by making a $35,000 cash deposit, or presenting a surety bond, or self-insurer certificate under Section 16430 VC
  • Submit proof that you have enrolled in a qualified and appropriate level DUI program, and submit proof of completion when finished
  • Continue to maintain proof of financial responsibility for 3 years

If you enroll and fail to participate or do not complete the DUI program, the department will immediately revoke your restricted license and re-impose the suspension for up to 4 months from the day your suspension began.

How long will my license be suspended if I did not request or lost a DMV hearing? If it was established that you took a blood, breath or urine test and the results shown are .08% or more, or .01% or more if under age 21 or on probation for DUI and you had no defenses:

  • First offense: suspended 4 months with restricted eligibility
  • First offense under 21 or on probation for DUI: one year suspension with hardship eligibility
  • One or more prior offenses in 7 years: suspended 1 year

If you refused or failed to complete a blood, breath or urine test and did not have a valid defense:

  • First offense: suspended 1 year
  • Second offense in 7 years: revoked 2 years
  • Three or more offenses in 7 years: revoked 3 years

What can happen to my insurance rates? Your insurance company will probably raise your premiums and label you a "high-risk" driver after learning that you have been convicted of DUI. You may have to file proof of insurance with the DMV for a minimum of three years. Your insurance company will also have to provide the DMV with proof of insurance, which removes your license suspension and replaces it with a restriction. The insurance company is also required to notify the DMV if it cancels your insurance for any reason.

Your insurance company may cancel your insurance at any time after your DUI. The company will send you a notice of why your policy was canceled, and you will have to find another insurance carrier who will cover you despite having a cancellation on your insurance history.

More questions? Contact the Law Offices of Scott Henry today.

Contact a Riverside DUI lawyer at the firm immediately for representation at your DMV hearing to fight to keep your driving privileges.