DMV DUI Hearing Process
It’s important to retain the legal counsel of an experienced DUI attorney if you’re arrested for a DUI and are facing a driver’s license suspension. If you are arrested for a DUI, the Department of Motor Vehicles (DMV) will want to suspend your license automatically. You have 10 days to ask for an administrative hearing that will stay any license suspension. If you miss this deadline, your license will be suspended for six months. It’s important to have a seasoned lawyer working for you. DUI DMV hearings and losing your ability to drive can have a significant impact on your life. We understand how to help you every step of the way.
Oakland attorney Elliot Silver has years of experience helping clients defend their rights in DUI cases and hearings. If you would like to discuss your case, call Silver Law Firm at (510) 995-0000 today.
Hearings for Residents in Alameda and Contra Costa Counties
All California residents must schedule their DMV DUI hearing within 10 days of their arrest, or notice of pending suspension, or they risk losing the right to a hearing. This type of hearing is not administered by the DMV field offices that handle other license or vehicle registration issues, but rather by a DMV safety office.
The Bay Area is served by three DMV safety offices, located at:
- Oakland at 7677 Oakport St. Suite #220, 94621
- San Francisco at 1377 Fell St., 2nd floor, 94117
- San Jose at 90 Great Oaks Blvd., Suite 104, 95119
Depending on the details of your case, it is possible to request that your hearing be handled entirely over the phone. However, it is important to ask your lawyer if an in-office hearing will benefit your situation. Regardless of whether you choose to have an in-person or over-the-phone hearing, you can stay home and let your lawyer represent you at your hearing, unless you intend to testify.
How Will Your DMV Hearing Be Conducted
DMV DUI hearings are held by an administrative DMV officer of the DMV, not a judge. In the DMV hearing, the burden of proof rests on the DMV to show:
- The police officer had reasonable suspicion to stop you.
- You were lawfully arrested.
- You were informed about the penalties for breath or blood test refusal.
- Your BAC was at least .08, or you were intoxicated.
If the DMV cannot prove these things, then your license should not be suspended.
The DMV DUI hearing gives your lawyer the opportunity to seek evidence the state has against you. This will be very helpful in your upcoming DUI court proceedings. In addition to your possible testimony, you and your lawyer can call other witnesses such as the officer involved in the arrest, or even first-hand witnesses to help strengthen your defense.
The Result of Your DMV DUI Hearing
Winning or losing your DMV DUI hearing will not directly affect your criminal DUI court proceeding. A DMV hearing is an administrative hearing, so it is important to note that the state has less to prove in this type of proceeding than in a criminal DUI case. In other words, it is easier for the state to win administrative hearings than it is for them to win criminal cases.
While winning a DMV DUI hearing does not guarantee that you will win your criminal DUI case, it may show that the case against you is weak. At times, prosecutors have been known to drop DUI charges in these situations. For example, if there was a discrepancy regarding the evidence against you, the criminal case might also collapse.
If you lose your DMV DUI hearing, your driver’s license will be suspended for six months for your first offense, and up to one year for a second offense.
Silver Law Firm Will Help You
A DMV DUI hearing is an administrative process. The state of California wants to suspend your license. You need a skilled DUI lawyer to help you defend your rights. Attorney Elliot Silver has successfully helped many clients after being charged with DUI. He will fight tooth and nail to make sure your driving privileges are not revoked. He knows how important it is to be able to drive to all of your necessary appointments, work, and meetings.
To discuss your DMV DUI hearing with an experienced Oakland lawyer, contact Silver Law Firm as soon as possible after your arrest. Call today at (510) 995-0000.