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Los Angeles DMV Hearing Lawyers

A DMV hearing is an administrative proceeding in regards to the revocation or suspension of a person’s driving privileges. If you are arrested for driving under the influence of drugs or alcohol, the Department of Motor Vehicles (DMV) will seek to have your driver’s license suspended as well as impose several fines.

After you have been arrested for a DUI in California, the arresting police officer is required to send notice to the DMV of the suspension of revocation of your license. Automatically, the DMV conducts a review of the officer's report, the order for suspension or revocation of your license, and the alcohol testing results. If the review upholds the suspension or revocation, a DMV hearing can be requested.

Everyone is entitled to a DMV hearing following a DUI arrest. Due to both federal and state constitutions, no one is allowed to be deprived of their property without due process of law, which entitles a person to a notice in regards to the action the DMV plans to take against them regarding their driving privileges and grants them a chance to be heard - thus, a hearing. At the hearing, whether a person’s driver’s license should be suspended will be challenged. A DMV hearing must be requested within 10 days of the arrest and is separate from a court appearance for DUI charges.

What to Expect in a California DMV Hearing for DUI

A DMV hearing is held in regards to a person’s driving privileges and the conditions that surround a DUI arrest, not whether they are guilty or innocent of a criminal act. During a DMV hearing, only certain issues will be talked about.

For example, if any breath, urine, or blood testing was done, questions that will be asked include:

• Did the police officer have reasonable cause to think the offender was driving under the influence of drugs or alcohol or may have caused injury due to driving under the influence of drugs or alcohol? Additionally, was there reasonable cause to think the driver was intoxicated and under age 21?
• Was the offender placed under a lawful arrest, with the proper procedures followed?
• Was the offender operating a motor vehicle with 0.08 percent or more by weight of alcohol in their blood?

If a driver refused or did not complete a breath, blood, or urine test, the following questions will be asked:

• Did the police officer have reasonable cause to think the offender was driving under the influence of drugs or alcohol or may have caused injury due to driving under the influence of drugs or alcohol? Additionally, was there reasonable cause to think the driver was intoxicated and under age 21?
• Was the driver lawfully arrested, with all the steps adhered to?
• Was the offender informed that if they refused to submit to or failed the testing, their driving privileges would be suspended for up to a year or revoked for 2-3 years?
• Did the offender refuse to submit to or fail the testing after the police officer requested they do so?

The Skilled Legal Representation You Need

A DMV hearing for a DUI and criminal court proceedings are inextricably intertwined. A favorable outcome of the case in court may convince the DMV to set aside the suspension action against a person’s driver’s license. Likewise, what occurs during a DMV hearing can affect the results of the DUI court case. For example, your DUI lawyer can subpoena the arresting officer(s) to cross examine him/her as to whether proper procedures were followed. In addition, if the BAC result was determined by a blood test, the technician who drew the blood sample and/or the crime lab technician who tested the sample could be subpoenaed to testify as well. Furthermore, the cross examinations in the DMV hearing takes place outside of the presence of the prosecutor, making it very important in your DUI lawyers efforts to identify weaknesses in the prosecution’s case. This is the reason why it is crucial you are represented by a skilled Los Angeles DUI DMV hearing lawyer. At Takakjian & Sitkoff, our attorneys have years of experience as former DUI prosecutors, giving us a unique understanding of drunk driving cases. We also have significant experience being instructors to local law enforcement officials in regards to proper procedures for DUI arrests and prosecution. Call 888-579-4844 to schedule a free consultation with one of our lawyers today.

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