The California DMV Process
When a person is arrested for
driving under the influence (DUI) in California, the arresting officer in most cases will confiscate the individual's driver's license. The officer will give the driver a pink sheet of paper that serves as both a 30-day temporary license and a formal notice of suspension. (Note that out-of-state drivers will not have their licenses confiscated.) It is very important for drivers to contact the
California Department of Motor Vehicles (DMV) within 10 days of their arrest in order to request a hearing to contest the suspension. This request will result in an extension of the 30-day temporary license until such time as a
California DMV Administrative hearing is scheduled.
The Administrative review process is conducted by an employee of the DMV. He or she will review the arresting officer's paperwork and all evidence presented to determine if in fact the suspected California DUI offender's driving privileges should be suspended or revoked. It is important to note that the
California DMV has what is called the "burden" at the hearing to prove that the individual is in fact guilty and should have their driving privileges suspended or revoked. An experienced
California DUI attorney will try to keep these and all court documents excused from this review process. Documents created in court are considered hearsay and oftentimes a
California DUI/DWI attorney will have success in doing so. Both Evidence Code sections 664 and 1280 can be utilized either separately or together in order to object to the admission of reports.
At this hearing, the California DUI defense attorney can present any rebuttal evidence, call witnesses, and effectively use other strategies to set aside a client's driver's license suspension, including utilizing Title 17 to have any chemical test results excused. Once both sides have presented their case, the DMV hearing officer will review all of the facts and send a formal written decision to the
California DUI defense lawyer handling the case. This typically takes anywhere from two weeks to a month or more.
The two possible outcomes to a DMV Administrative Hearing are: (1) any action to suspend, revoke, or restrict your driving privileges is set aside, and (2) your driver's license is suspended, revoked, or restricted. In addition, the California DMV does have the right to issue conditions which must be met in order for your driving privileges to be reinstated. These include attending AA meetings or completing an alcohol education class.
It is important to keep in mind that if your driver's license is suspended or revoked as a result of a DMV Administrative hearing, you do have the right to request another hearing to contest the results. An experienced California DUI lawyer will be able to determine if you should do so.
If you are interested in learning more information about the DMV Process when arressted for Driving Under the Influence please see below:
CA Vehicle Codes and
California DMV Locations.