DUI DMV Hearing

If you were recently charged with driving under the influence (DUI), you probably realize you are facing some serious criminal charges, but do you know about the administrative ones? Indeed, for every single DUI charge, two separate cases are filed: one with the criminal court, and one with the Department of Motor Vehicles (DMV) in your area. This means that even if a criminal court doesn’t convict you of DUI, the DMV can still suspend your license during a DUI DMV hearing.

Despite what you may have heard in the past, a person’s driver’s license can only be suspended by the DMV—the criminal court cannot revoke anyone’s driving privileges. Because your DUI arrest triggers an automatic license suspension, the arresting officer is responsible for informing the DMV of your suspension. Once notified, the DMV will conduct a review to determine whether your suspension should be upheld—this is known as an administrative or DUI DMV hearing.

During this proceeding, a DMV employee will review the evidence against you, such as the arresting officer’s police report and chemical test results, to confirm the following five issues: Were you driving a vehicle at the time of your arrest? Did the officer who stopped you have probable cause to do so? Were you legally arrested (meaning the officer informed you of your Miranda Rights)? Was chemical testing used to determine your blood alcohol content (BAC)—and, if so, was it administered correctly? And finally, was your BAC above the legal limit of .08%?

If the answer to any of these questions is “no,” then your license cannot be suspended. In addition, if you refused to submit to chemical testing, such as a blood, urine, or breath test, the officer must inform you of the consequences of doing so in order for your license to be suspended.

After reviewing the evidence, the DMV will make a decision as to whether your driving privileges should be suspended or restored. If your suspension is overruled, your license will be returned to you, and you can legally drive. If the suspension is upheld, however, the length of your suspension will be determined, and your license will remain in the DMV’s possession.

As you can see, the DUI DMV hearing is a very important event, and a negative outcome can greatly impact your day-to-day life. Fortunately, an experienced DUI attorney can help increase your chances for success. Because most of the evidence presented at a DMV hearing is considered “hearsay”—meaning it involves statements from individuals who are not present, your attorney may be able to challenge its legality, and prevent it from being used against you.

Protect your rights and your future. Discuss your case with a DUI attorney in your area today.