Requesting a DMV Hearing in a DUI / DWI Case

Motorists arrested for DUI / DWI in California must take fast action to protect their driver's licenses. The California Department of Motor Vehicles will automatically suspend a suspected drunk driver's license in an administrative action if the motorist doesn't request a hearing within 10 days of the arrest.

DMV administrative hearings are extremely complex and technical, and the odds are stacked against the driver, but it's possible to successfully fight the DMV administrative per se action. The best chance of saving an accused driver's license is to have a skilled attorney fighting for the motorist's rights. A skilled defense attorney from the Kavinoky Law Firm who focuses on drunk driving defense can help a driver achieve the best possible outcome at a DMV hearing.

Because of recent changes in California drunk driving law, the criminal courts have no authority to suspend a license because of a driving under the influence conviction. That authority now rests solely with the California Department of Motor Vehicles. However, the DMV can suspend a driver's license both after a DUI / DWI arrest and as punishment for a conviction.

The Department of Motor Vehicles administrative hearing following a drunk driving arrest is unlike a court trial in several ways. The most striking difference is that the individual who presents the evidence against the driver and the individual who decides the case are the same person. In criminal court, that would be like having the same person act as judge and prosecutor.

The standard of proof in a DMV hearing is also lower than in criminal court. In order to suspend the driver's license, the DMV hearing officer must merely establish three things - that the arresting officer had reason to believe a crime occurred, that the arrest was lawful, and that the driver had a blood alcohol content (BAC) of .08 percent or greater.

The evidence presented by the DMV hearing officer typically consists of official reports such as the arrest report and the driver's chemical test results. However, a skilled defense attorney can effectively challenge this evidence and bring in witnesses to contradict the DMV's case.

Drivers accused of DUI / DWI in California who are licensed in other states may be unconcerned about losing their privileges here, but California's participation in the Interstate Driver's License Compact means that the motorist's home state may learn about the arrest and suspend the license. The IDLC is an agreement among 45 states to share information about driving-related crime.

An experienced DUI / DWI criminal defense attorney from the Kavinoky Law Firm can advise any driver of whether his or her state has an administrative suspension process and plan a strategic attack to win the hearing. Whether the driver was arrested for DUI / DWI for the first time or has one or more drunk driving convictions on the record, the best chance of succeeding at a DMV hearing is with the help of an experienced defense lawyer.