What Happens at a California DMV Hearing After a DUI? 

You’re driving along when you see a police car behind you. To your surprise, the police car’s lights begin flashing. The police officer accuses you of driving under the influence (DUI). He arrests you and takes your license. You need your car to drive to work. What can you do?  

Fortunately, in California, before your license can be permanently suspended, you have the right to request a hearing. This hearing, officially called an Administrative Per Se (APS) hearing, is handled by the Department of Motor Vehicles (DMV). If you can prove certain facts to the DMV, you might be able to keep your license. 

This article discusses how and when drivers accused of DUI can request DMV hearings, as well as the facts and arguments that might persuade the DMV. It also explains how a Marin County DUI defense attorney can help. 

What Is an APS/DMV Hearing in California? 

Under California Vehicle Code § 13353.2, when a person is arrested for DUI, the DMV must suspend their license if: 

• They are a commercial driver with a blood alcohol concentration (BAC) level of 0.04% or more, as measured by a chemical test
• They are a noncommercial driver with a BAC level of 0.08% or more 
• They are under 21 with a BAC of 0.01 or more 
• They are on probation for a prior DUI and have a BAC of 0.01 or more
• They refused to take any chemical tests

However, a driver’s license is a valuable possession. As such, the U.S. and California Constitutions ensure that it cannot be taken without due process. Therefore, the DMV must conduct a hearing before your license is permanently taken. 

How Do I Request a DMV Hearing in California? 

There are two ways to request a hearing. 

First, you can use the California DMV’s online Driver Safety Case Management system. By clicking on the proper link and answering a few simple questions, you can request a hearing in minutes. 

The second option is to visit a Driver Safety office in person. Note that you must go to the safety office, not a general field office. Fortunately, there is a Driver Safety office right here in Marin County. 

When Should I Request a DMV Hearing? 

You must request your hearing within 10 days of your arrest. If you don’t, you will forfeit your right to challenge the loss of your driver’s license. 

Can I Drive Until My DMV Hearing? 

Generally, yes. When the officer took your license, they also gave you an Order of Suspension. This document (usually a pink piece of paper) can be used as a substitute license for 30 days from the date of arrest.

How Can I Win My DMV Hearing? 

At the DMV hearing, the hearing officer must find that you were operating a motor vehicle with an illegal BAC. This conclusion must be supported by “the preponderance of the evidence.” This means that a particular fact is more likely than not to be true. 

While this may seem daunting, it’s certainly possible to win your hearing. For instance, an experienced Marin County defense attorney might challenge the officer’s justification for the stop. Other possible arguments include: 

• Problems with the Evidence. Your attorney might argue that the facts show:
  • You were not driving
  • Your BAC was not over the legal limit
  • The breathalyzer was not properly calibrated or maintained
  • The officer who administered the breathalyzer was not properly trained 

• Medical issues. Certain medical conditions, including acid reflux and diabetes, can affect BAC results. 

• Lack of Understanding. If your suspension was based on an alleged failure to submit to a chemical test, your defense attorney can argue that the officer did not warn you about the consequences of a refusal or did so in a way that was inaccurate or confusing. 

• Paperwork errors.  The legal system expects police officers to dot their “Is” and cross their “Ts.” So, if the paperwork in your arrest was flawed or incomplete, your defense attorney will likely raise this issue. 

What’s the Relationship Between My DMV Hearing and My DUI Case? 

A DMV hearing is a civil matter. As such, the DMV hearing will not decide whether you are guilty of DUI or what your punishment should be if you are. Those are issues for the criminal court.

However, there is a relationship between your DMV hearing and your DUI case. Earlier, we mentioned that the standard of proof in a DUI hearing is preponderance of the evidence. In a criminal case, the standard of proof is “beyond a reasonable doubt.” While the preponderance of the evidence is roughly 51% certainty, the reasonable doubt standard is nearly 100% certainty. The difference in standards means that losing your DMV hearing is not a guarantee that you’ll lose your DUI case. Even better, if your driving privileges were revoked at the DMV hearing and you are later acquitted of DUI, you can ask the DMV to reconsider your case and reverse its decision. 

What Happens if I Lose My DMV Hearing? 

If you lose your DMV hearing, the DMV will mail you an official suspension document. Your driving suspension will begin five days after the date on the DMV’s official decision. 

Generally, if your license is revoked, you can ask for a restricted license. (Note: You cannot do this during the initial hearing. You’ll have to wait until your license is suspended.) The two most common restricted licenses are the Ignition Interlock Device (IID) restricted and the work/school restricted. An IID-restricted license allows you to drive anywhere as long as your car is connected to an approved IID. The device will check your BAC before allowing you to start the vehicle. The other option, work/school, will limit you to driving to work, school, or any court-ordered DUI classes. 

Getting a restricted license can be complicated, especially if your suspension was based on a refusal to take a test. Your Marin County defense attorney can tell you more about your options. 

Get Help with Your California DMV Hearing? 

Losing the ability to drive can affect your ability to work, parent, socialize, and much more. But the good news is that you don’t have to handle it alone. You can bring an attorney with you to the DMV hearing. 

If you live in San Francisco or Marin County and need help with your DUI case or DMV hearing, contact Brownstein Law Group. We will fight aggressively to protect your rights at the DMV and in the criminal court. Call us today at 415-965-6183 or click here to schedule an appointment.