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The
DMV Hearing
The
most important things you should know about the DMV consequences
of your Southern California Drunk Driving, DUI or DWI case.
If
you have been arrested for DUI within the last 10 days, you must
act quickly to attempt to save your license from suspension from
the DMV. The Law Offices of Hoffman and Associates have been helping
individuals charged with drunk driving crimes for over 10 years.
Mr. Hoffman has defended thousands of adults and juveniles charged
with DUI, license suspension, drunk driving and driving while intoxicated
crimes. Joel Hoffman has established professional relationships
with Judges and District Attorneys
throughout Los Angeles, Orange and Riverside Counties.
Important:
THE DMV REQUIRES THAT YOU ACT WITHIN ONLY TEN DAYS (not business
days) from the date of your arrest to protect your driving privileges.
If
you are arrested in California for drunk driving or DUI, you must
act quickly. While your arraignment in the criminal court may not
be held immediately, under a law enacted by the legislature and
signed into law by the Governor as a stronger deterrent to drunk
driving, (and known as the ADMIN PER SE Immediate Driver License
Suspension program), you must act to save your license with the
DMV by requesting both a hearing, AND a stay or hold on your license
suspension pending the outcome of the hearing.
The
Hearing
When you are arrested for DUI, the police will give you a "notice
of suspension" at the time of your arrest. This means that
the Department of Motor Vehicles will automatically suspend your
driving privileges 30 days from the date of the notice UNLESS you
schedule a DMV hearing within 10 days and request that the suspension
be stayed.
You
probably were given a pink notice of suspension/temporary driver's
license (Form DS-367) at the time of your arrest or release from
jail. The DMV wants to suspend your driver's license for anywhere
from 4 months (first offense with blood alcohol over 0.08%) to 3
years (third or more offense with chemical test refusal) as a result
of your drunk driving arrest. This is an entirely separate proceeding
from your criminal prosecution. A public defender will not handle
a DMV hearing for you. The DMV has the ultimate jurisdiction over
your driving privilege.
The
Penalties
Unlike other criminal matters, a DUI matter can be tried twice;
once by the DMV and again in the courts. The penalties imposed by
the DMV are in addition to any penalties that may be imposed in
a court of law. Your first line of defense is to obtain a "stay"
from the DMV but, in the event that this doesn't happen, you may
suffer the following penalties according to the California vehicle
code:
First
Offense: If you submitted to a BAC chemical test and you recorded
a BAC level of 0.08 or more, the DMV can suspend your drivers'
license for 4 months. If you did not submit to a chemical test,
your driving privileges can be suspended for one year. If this
is your first offense, you may be able to obtain a restricted
license, which means that you can drive to and from work or school
providing that you do not drive under any other circumstances,
if you did not refuse to take a chemical test.
Second Offense: A previous DUI conviction will remain on
your record for 7 years. If you submitted to a chemical test that
recorded a BAC of more than 0.08, your license will be revoked
for one year. If you refused the chemical test, your license will
be revoked for two years.
Third Offense: If you are proven to have committed a third
DUI offense within 7 years your license will be revoked for two
years. If you refuse a chemical test, your license will be revoked
for three years.
Fourth Offense: This becomes a felony and your driving privileges
are revoked for four years.
Aggravating Circumstances: Aggravating circumstances are
other contributing factors, when combined with the DUI charge
will increase the severity of your punishment. For example:
" Driving more than 20 miles over the posted speed limit
" Driving with a BAC of more than 0.20
" Causing injury
" Driving with an occupant under the age of 14
Your
driving privilege is much too important to you, your family, and
your livelihood. It is your responsibility and your right to demand
a DMV hearing.
Always
seek representation from a DUI attorney and never attempt to defend
yourself against the DMV. If you have not already contacted an experienced
DUI attorney, make sure you do so without delay. The Law Offices
of Hoffman and Associates will guide you through the process and
make sure that your rights are protected. Even though you may feel
that the evidence is stacked against you, an experienced attorney
will be able to dispute many things that you may not be aware of.
Never volunteer additional information to the DMV. Mr. Hoffman has
the expertise needed to deal with the DMV and is passionate about
defending his client's rights. |
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Most
Frequently Asked DUI Questions |
I've
just been arrested for DUI or drunk driving. What happens now?
 |
| What
am I supposed to do with the Order of Suspension and Temporary
License that the officer gave me at the time of my arrest? |
| At
the time of my arrest, the officer confiscated my driver's license.
How do I get it back? |
| Why
do I need to contact the DMV within 10 days of my arrest? |
| How
do I contact the DMV to request a hearing? |
| What
happens at the DMV hearing? |
| Is
the DMV hearing worth fighting and can these hearings be won? |
| Do
I need a hearing to get a restricted license to go to and from
work? |
| The
officer stated I refused to take a chemical test. What does
this mean? |
| For
how long will my driving privilege be suspended if I took the
chemical test? |
| How
long will my driving privileges be suspended for not taking
the chemical test? |
| How
is the DMV suspension or revocation for the DUI arrest different
from the suspension or revocation following my conviction in
criminal court? |
| My
license was already suspended by the DMV, or it is too late
for me to request a hearing. How do I get it back, or what do
I need to do to get a restricted license so that I can drive? |
| How
Long Will My License continue to be Suspended or Revoked if
I did not request or if I lost a DMV hearing? |
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| DUI
Answers |
I've
just been arrested for DUI or drunk driving. What happens
now? 
The officer that arrested you is required by law to immediately
forward a copy of the completed notice of suspension or
revocation form and any driver license taken into possession,
with a sworn report to the DMV. The DMV automatically conducts
an administrative review that includes an examination of
the officer's report, the suspension or revocation order,
and any test results. If the suspension or revocation is
upheld during the administrative review, you may request
a hearing to contest the suspension or revocation.
You have the right to request a hearing from the DMV within
10 days of receipt of the suspension or revocation order.
Our firm can help you do this. If, after hearing the argument
of an attorney regarding your license, the review shows
there is no basis for the suspension or revocation, the
action will be set aside. You will be notified by the DMV
in writing only if the suspension or revocation is set aside
following the administrative review. |
What
am I supposed to do with the Order of Suspension and Temporary
License that the officer gave me at the time of my arrest?
The license (usually a pink piece of paper) is temporary.
You may drive for 30 days from the date the order of suspension
or revocation was issued, provided you have been issued
a California driver license and your driver license is not
expired, or your driving privilege is not suspended or revoked
for some other reason. |
At
the time of my arrest, the officer confiscated my driver
license. How do I get it back?
Your driver license will be returned to you at the end of
the suspension or revocation, provided you pay (on or after
January 1, 2003) a $125 reissue fee to the DMV and you file
proof of financial responsibility. You may also be required
to enroll in and complete a State licensed alcohol program.The
reissue fee remains at $100 if you were under age 21 and
were suspended under the Zero Tolerance Law pursuant to
Vehicle Code §§23136, 13353.1, 13388, 13392. If
it is determined that there is not a basis for the suspension
or revocation, your driver license will be issued or returned
to you. |
Why
do I need to contact the DMV within 10 days of my arrest?
You must contact the DMV within 10 days to protect your
driving privileges. The temporary driver's license (the
pink piece of paper you were probably issued expires 30
days after your arrest. The purpose of contacting the DMV
is twofold. First your driving privileges will not be suspended
before a hearing is held regarding your arrest. Second,
your driving privileges will not be suspended until the
hearing is held and a decision rendered. |
How
do I contact the DMV to request a hearing?
It is best, if you are going to retain an attorney, to allow
the attorney's office to schedule the DMV hearing for you.
Our fee includes this service, and we can schedule a hearing
that works with our availability (court and DMV) schedule.
For your convenience, if you cannot retain an attorney within
10 days, the phone numbers for Southern California DMV matters,
to do so, is reproduced here.
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| What
happens at the DMV hearing?
A hearing officer will conduct the hearing. His or her function
is to prosecute the case and make a final decision based
on the evidence presented. Your need to drive or your need
for a driver's license for work are not considered relevant
and cannot be considered at the hearing. Likewise, you cannot
apply for a "hardship" license based upon medical,
employment, or education right to drive, unless you are
under age 21. At your hearing, only the following issues
will be discussed, by law (If you took a blood, breath or
urine test):
1.
Did the officer have reasonable cause to believe you were
driving a motor vehicle in violation of Vehicle Code 23140,
23152 or 23153?
2. Were you placed under lawful arrest?
3. Were you driving a motor vehicle when you had a 0.08%
or more by weight of alcohol in your blood or 0.05% or
more if under age 21?
(If you refused or failed to complete a blood, breath
or urine test):
1. Did the officer have reasonable cause to believe you
driving a motor vehicle in violation of Vehicle Code 23140,
23152 or 23153?
2. Were you placed under lawful arrest?
3. Were you told that if you refused to submit to or fail
to complete a blood, breath or urine test after being
requested to do so by a peace officer, that your driving
privilege would be suspended for one year or revoked for
two or three years?
4. Did you refuse to submit to or fail to complete a blood,
breath or urine test after being requested to do so by
an officer?
Before
the hearing you may see or obtain copies of DMV's evidence.
Under a 2003 rule, any request for documents or police reports
must be made in writing.
You may be represented by an attorney or other person, or
you may represent yourself. You may present oral testimony
and other evidence or you may file the information you would
like to present in written form.
The DMV ordinarily will not arrange to have the officer
testify. However, DMV reserves the right to call the police
officer that arrested you if it is later determined that
his or her testimony is needed. You may subpoena the officer
or any other witness you feel may help your case. You are
responsible for payment of any required fees and for making
sure your witness receives the subpoena.
After the hearing, if you lose, you may request a departmental
review in writing within 15 days, for an additional fee
(as of 2003 this fee is now $150), or a court review by
filing a writ with the Superior Court, and filing that writ
within the number of days shown on the bottom of the notice
that was mailed to you telling you the results of your hearing |
| Is
the DMV hearing worth fighting and can these hearings be
won?
Yes. In many cases, there are legal questions on at least
one of the three criteria above. The DMV must answer all
three affirmatively to suspend the driving privilege. A
skilled attorney can help discover and factually develop
the issues that can win your case at the DMV.
According to the DMV's own statistics for 2001, the last
year available, 17% of ALL persons, who were suspended for
DUI at the time of their arrest kept their driver's license
by simply requesting a hearing to fight the suspension.
The statistics below are from the DMV site.
It's been reported that hiring an experienced and knowledgeable
attorney increases the odds of winning to somewhere between
40% and 70%, depending upon the skills of the lawyer, hearing
location and the particular hearing officer that your case
is assigned to.
In a license suspension hearing, the DMV has to show that
the suspension of your license is justified. The statement
contained in the paperwork (temporary license and order
of suspension) that YOU have to show the suspension not
justified is a significant and very misleading statement
of the law. The DMV has the burden of proof, not you.
This law requires the Department of Motor Vehicles (DMV)
to suspend or revoke the driving privileges of any person
arrested for driving under the influence who:
- Takes
a breath test which shows a Blood Alcohol Concentrate
(BAC) of 0.08% or more, 0.05% or more if under age 21,
or
- Takes
a blood or urine test and the officer believes that the
driver is at or above the 0.08% BAC, 0.05% if under age
21, or
- Refuses
to take or fails to complete a blood, breath or urine
test of his or her BAC.
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Do
I need a hearing to get a restricted license to go to and
from work?
No. A request for a restricted license cannot be considered
at the DMV hearing. You may apply for a restricted license
only after your license has been suspended for the mandatory
period by law. A restricted driver's license allows you
to drive to and from work, during the course and scope of
your employment, and to and from an alcohol school. A restricted
license is applied for at a DMV branch office, not at the
Office of Driver Safety locations, which is where license
hearings are held. Attorney Hoffman may be able to help
you obtain a restricted drivers license after a mandatory
one month minimum suspension period. |
| The
officer stated I refused to take a chemical test. What does
this mean?
You are required by law to submit to a chemical test to
determine the alcohol and/or drug content of your blood.
You did not submit to or complete a blood or breath test
after being requested to do so by a peace officer. As of
January 1999, a urine test is no longer available unless:
- The
officer suspects you were driving under the influence
of drugs or a combination of drugs and alcohol, or
- Both
the blood or breath tests are not available, or
- You
are a hemophiliac, or
- You
are taking anticoagulant medication in conjunction with
a heart condition
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| For
how long will my driving privilege be suspended if I did
submit to a the chemical test, and if I did not request
or win a hearing?
If you are 21 years of age or older, took a blood or breath
test, or (if applicable) a urine test, and the results showed
0.08% BAC or more:
- A
first offense will result in a 4-month suspension.
- A
second or subsequent offense within 7 years will result
in a 1-year suspension.
If
you are under 21 year of age, took a preliminary alcohol
screening (PAS) test or other chemical test and results
showed 0.01% BAC or more, your driving privilege will be
suspended for 1 year. |
| How
long will my driving privilege be suspended for not taking
the chemical test if I did not request or win a hearing?
If you were 21 years of older at the time of arrest and
you refused or failed to complete a blood or breath test,
or (if applicable) a urine test:
- A
first offense will result in a 1-year suspension.
- A
second offense within 7 years will result in a 2-year
revocation.
- A
third or subsequent offense within 7 years will result
in a 3-year revocation.
If
you were under 21 years of age at the time of being detained
or arrested and you refused or failed to complete a PAS
test or other chemical test:
- A
first offense will result in a 1-year suspension.
- A
second offense within 7 years will result in a 2-year
revocation.
- A
third or subsequent offense within 7 years will result
in a 3-year revocation.
|
How
is the DMV suspension or revocation for the DUI arrest different
from the suspension or revocation following my conviction
in criminal court?
The DMV has the ultimate jurisdiction over your driving
privilege, and thus has the ultimate say over your drivers
license restrictions, suspensions, or action. The DMV suspension
or revocation is an administrative action taken against
your driving privilege only. The suspension or revocation
following a conviction in court is a mandatory action for
which jail, fine, or other criminal penalty can be imposed. |
| My
license was already suspended by the DMV, or it is too late
for me to request a hearing. How do I get it back, or what
do I need to do to get a restricted license so that I can
drive?
To reinstate your driving privilege after a suspension/revocation,
you must do all of the following:
- Finish
the complete period of suspension/revocation
- Pay
a $125 reissue fee to the DMV
- File
proof of financial responsibility by a California Insurance
Proof Certificate (SR-22), or prove you are self-insured
by making a $35,000 cash deposit, or presenting a surety
bond, or self insurer certificate under Section 16430
VC.
- Submit
proof that you have enrolled in a qualified and appropriate
level DUI program, and submit proof of completion when
finished.
- You
must also continue to maintain proof of financial responsibility
for 3 years.
If
you enroll and fail to participate or do not complete the
DUI program, the department will immediately revoke your
restricted license and reimpose the suspension for up to
4 months from the day your suspension began. |
| How
Long Will My License continue to be Suspended or Revoked
if I did not request or if I lost a DMV hearing?
If it was established that you took a blood, breath or urine
test and the results shown are 0.08% or more, or 0.05% or
more if under age 21 and had no defenses:
-
First offense: suspended 4 months.
- One
or more separate offenses in 7 years: suspended 1 year.
If you refused or failed to complete a blood, breath or
urine test and did not have a valid defense:
- First
offense: suspended 1 year.
- Second
offense in 7 years: revoked 2 years.
- Three
or more offenses in 7 years: revoked 3 years.
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If
you or a loved one values saving your driver's license, get professional
representation from an experienced attorney immediately to protect
your driving privilege. Our firm also represents individuals with
negligent operator (too many points) suspensions, and medical suspensions
before the Department of Motor Vehicles.
Call
Hoffman and Associates for
a free case evaluation today!
(562)
628-5541
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