When you are arrested for a DUI in Los Angeles or Orange County, you have the right to request a DMV hearing in the Orange County or Los Angeles area within ten days of receiving notice of the action against the driving privilege. This notice usually takes the form a pink slip provided to you after you are arrested for a DUI. The DMV hearing is separate and aside from the criminal proceedings. The DMV hearing is different from your court hearing. The DMV hearing will decide the future status of your California Drivers License. The hearing proceedings are tape-recorded and are conducted by telephone or in person. The hearing is held before a Driver Safety Hearing Officer of the department of motor vehicles. It is extremely important to contact an experienced Orange County or Los Angeles DUI attorney immediately so that we can request a hearing on your behalf. Prior to the DMV administrative hearing, the DMV will send our offices all the police reports regarding the arrest.
At the hearing, we are informed of the legal grounds for the action, and have the opportunity to review and challenge the evidence of the department, and to present evidence, witnesses and testimony to persuade the department to modify or rescind the action and not suspend your license. Following the hearing, the Driver Safety Hearing Officer will make a decision to uphold (sustain), modify, or rescind (set aside) the DMV action.
Scheduling a DMV Hearing
The Law Offices of Ryan Rodriguez will schedule a DMV Hearing on your behalf. You do not need to do anything as long as all the necessary information is provided to our office prior to the 10-day period. Check the notice you received, which is a pink slip of paper given to you after your arrest, advising you of the action against your driving privilege. If the notice indicates you have the right to a hearing, we have ten days following receipt of the notice to request a hearing.
DMV Hearing is different from court trial for a DUI
The DMV Hearing is different from the court trial for a DUI. The DMV hearing is an administrative proceeding regarding your driving privilege and the circumstances surrounding the arrest, not whether you are innocent or guilty of the crime charged against you. The only issues at the DMV hearing are:
If you took a blood or breath or (if applicable) a urine test:
1. Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140 , 23152 , or 23153 ?
2. Were you placed under lawful arrest?
3. Were you driving a motor vehicle when you had 0.08% or more by weight of alcohol in your blood?
If you refused or failed to complete a blood, breath test, or (if applicable) a urine test:
1. Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140 , 23152 , or, 23153 ?
2. Were you placed under lawful arrest?
3. Were you told that if you refused to submit to or failed to complete a test of your blood, breath, or (when applicable) urine, your driving privilege would be suspended for one year or revoked for two or three years?
4. Did you refuse to submit to or failed to complete a blood or breath test, or (if applicable) a urine test after being requested to do so by a peace officer?
It is important to request a DMV Hearing
The DMV hearing officer can only set aside the suspension against your driving privilege. This decision is separate and/or independent from any criminal charge, sanction, penalty, or decision. However, our experienced Los Angeles and Orange County DUI and DMV hearing attorneys can successfully expose weaknesses in the police reports and police officers testimony at the hearing by effective cross-examination that can later be used in court against both the police officer and prosecution.
If you have been arrested for a DUI in Orange County and Los Angeles, call the Law Offices of Ryan Rodriguez immediately. He will aggressively protect your rights, your freedom, your driving privileges, and your reputation by:
- Contacting the DMV to Protect Your Driving Privilege by Requesting a Hearing with the DMV.
- Subpoenaing the Police Officer to the DMV Hearing.
- Obtaining a "Stay" on the Suspension.
- Obtaining a Restricted Driver's License after the DMV Hearing.
- Appealing the DMV hearing decision if necessary.
- Using the evidence and testimony at the DMV hearing to your advantage in court and in trial.