Orange County DMV Hearing

When you are arrested for driving under the influence, there are two issues at hand. There is a criminal case and the suspension or loss or your driver’s license. The criminal case is handled through the criminal court system, and the loss of your driver’s license is handled through the California DMV.

They are two separate cases and require separate preparations, actions and defenses. An experienced Orange County DUI defense attorney from Coffey & Coffey specializing in DUI law can assist you with both cases.

When you were arrested for driving under the influence, the law enforcement officer confiscated your driver’s license. At the same time, the officer gave you a temporary license valid for 30 days. After those 30 days, your license will be suspended automatically unless you have requested a hearing with the Department of Motor Vehicles (DMV). The DMV hearing is an administrative proceeding and is referred to as an Administrative Per Se (APS) action. The hearings are held at the Department of Motor Vehicles, Driver Safety Office.

Although you have the right to an APS hearing, it is not automatic. You must request a hearing within 10 days of your arrest. That is 10 calendar days including weekends and any holidays that fall within the 10-day period. If you do not request a DMV hearing, your license will automatically be suspended after the 30-day temporary license the officer gave you expires.

It is important to note that the DMV hearing is a separate action and not connected to the criminal court trial for a DUI. The DMV hearing does not care if you are innocent or guilty of driving under the influence, the court trial deals with your innocence or guilt. The APS hearing is only concerned with suspending or revoking your driver’s license. It deals with the events surrounding your arrest and only those issues will be discussed at the APS hearing.

The hearing will focus on the following issues if you took a blood, breath or urine test (urine tests are only applicable in certain circumstances):

• If you were lawfully arrested.
• If the law enforcement officer had reasonable cause to believe you were driving under the influence and were in violation of the appropriate vehicle codes (23140, 23152 and 23153).
• If you were operating a motor vehicle with a blood alcohol content of 0.08 percent or higher.

The hearing will focus on the following issues if you refused or failed to complete a blood, breath or urine test (urine tests are only applicable in certain circumstances):

• If you were lawfully arrested.
• If the law enforcement officer had reasonable cause to believe you were driving under the influence and were in violation of the appropriate vehicle codes (23140, 23152 and 23153).
• If you were informed by the officer that your driving privileges would be suspended for one year or revoked for two or three years if you refused or failed to take a blood, breath or urine test.
• If you refused to submit or complete a blood, breath or urine test after a law enforcement officer requested you take the test.

The DMV hearing is not presided over by a judge. It is presided over by a DMV employee, referred to as a DMV hearing officer. You have the right to be represented by a lawyer and to present evidence and witnesses on your behalf. You also have the right to testify on your own behalf. Additionally, you have the right to review the evidence against you, as well as to cross examine the testimony of any witnesses for the department. After the hearing the DMV reviews the evidence and makes their decision regarding your driving privileges. You will be notified of their decision in writing.

There are only two possible decisions from an APS hearing. The best is the DMV finds in your favor. This means the DMV case if over and you maintain your driving privileges. You may obtain a duplicate license from the DMV.

The other possible decision is your license is revoked, suspended or you have restricted driving privileges.

The length of the suspension depends on if you took a blood, breath or urine (if applicable) test and if it is a first offense. In this case the suspension would be four-months and you will be required to file an SR-22 form (proof of insurance) with the DMV for the next 3 years. Additionally, you will have to complete alcohol education classes for a period of 3 to 30 months. You may be entitled to a restricted license allowing you to travel to and from work and to the alcohol education classes.

If the DMV hearing officer determines you were advised of the consequences of refusing to take or complete a blood, breath or urine (if applicable) test, and if you continued to refuse after being told of the repercussions then you will lose your license for one year for the first refusal. For a second refusal you will lose you license for two years, three years for a third refusal, and four years for a fourth refusal. Those drivers who refuse to take a blood, breath, or urine (if applicable) test will not receive a restricted license.

Your license will be suspended for two years if you have a second DUI offense within 10 years and the suspension will be for three years if it is your third DUI offense within 10 years.

Reminder, the outcome from a DMV hearing is separate and has nothing to do with any DUI criminal charges. Those will be handled through the district attorney and criminal court.

It can be devastating and life-altering to lose a DMV hearing. The penalties can be quite harsh. You want to do everything possible to have a favorable outcome, so take the first step and call Coffey & Coffey now and let us fight for you. We only practice in Orange County making us extremely familiar with the DMV Driver Safety office in Irvine. We are equally familiar with the DMV hearing officers as well as the procedures for the hearing. One of our DMV hearing lawyers can help you through this process and do everything possible for a favorable outcome.