After certain DUI arrests in California, the criminal court case is not the only proceeding a driver may face. The California Department of Motor Vehicles can take separate administrative action against a person’s driving privilege, and the driver generally has only 10 days after receiving the suspension or revocation order to request a DMV hearing.
A DMV DUI hearing is separate from the criminal case. It does not determine whether you are guilty or innocent of DUI. Instead, it determines whether the DMV’s administrative action against your driving privilege should be sustained or set aside.
Because the deadline to request a hearing is short, protecting your driving privilege is one of the issues that should be addressed promptly after a qualifying DUI arrest.
How Long Do You Have to Request a DMV Hearing After a DUI?
A driver generally has 10 days after receiving the Order of Suspension or Revocation to request a DMV administrative hearing.
If the deadline is missed, the driver can lose the right to challenge the administrative action through a hearing.
The suspension or revocation order and other documents provided by law enforcement or DMV should therefore be reviewed carefully after an arrest.
What Is an Administrative Per Se Hearing?
California’s Administrative Per Se, or APS, system allows DMV to take administrative action against a driver’s license following certain DUI arrests.
DMV automatically reviews the documents supporting an APS action. A driver can also request a hearing to challenge whether the suspension or revocation is justified.
The DMV hearing is an administrative proceeding concerning the person’s driving privilege. It is not a criminal trial.
Is the DMV Hearing Separate From the DUI Court Case?
Yes.
A California DUI arrest can create two separate proceedings:
- The criminal case — handled through the court system and involving the criminal DUI charges.
- The DMV proceeding — an administrative matter involving the person’s driving privilege.
The two proceedings have different procedures, issues, and potential outcomes.
A result at the DMV hearing does not automatically determine what happens in criminal court, and the outcome of the criminal case does not necessarily resolve every DMV issue.
What Does the DMV Decide at a DUI Hearing?
The issues depend on the type of administrative action.
In an APS case involving a completed chemical test, issues can include whether:
- The officer had reasonable cause to believe the person was driving in violation of California’s DUI laws
- The driver was lawfully arrested or otherwise properly detained under the applicable law
- The driver was operating a motor vehicle with the applicable prohibited blood alcohol concentration
Different issues apply when DMV alleges that a driver refused or failed to complete a required chemical test.
A refusal hearing may address whether:
- The officer had reasonable cause to believe the person was driving in violation of the DUI laws
- The arrest or detention satisfied the applicable requirements
- The driver was properly advised of the consequences of refusing or failing to complete the required test
- The driver actually refused or failed to complete the test
The precise issues should be determined from the suspension or revocation notice and the circumstances of the case.
What Evidence Can Be Reviewed at a DMV Hearing?
A driver has the right to review the evidence DMV intends to consider.
Depending on the case, the evidence may include:
- The arresting officer’s reports
- The Order of Suspension or Revocation
- Breath or blood test results
- Chemical-testing records
- Documents concerning an alleged chemical-test refusal
- Other records relevant to the administrative action
Reviewing the evidence can reveal factual, procedural, or evidentiary issues that may be relevant to whether the suspension should be sustained.
Can You Present Evidence and Witnesses?
Yes.
At a DMV administrative hearing, a driver has rights that can include:
- Presenting relevant evidence
- Testifying on their own behalf
- Presenting witnesses
- Cross-examining opposing witnesses who testify
- Reviewing DMV’s evidence
- Subpoenaing relevant witnesses and documents
- Being represented by an attorney or another representative at the driver’s expense
DMV hearings use administrative procedures and evidentiary standards that differ from those used in a criminal trial.
Can Police Officers or Other Witnesses Be Subpoenaed?
Depending on the circumstances, subpoenas can be used to require witnesses to appear or to obtain relevant records and other evidence.
This can be important when the defense needs testimony or documents that are not contained in the materials initially provided by DMV.
California DMV specifically recognizes a driver’s right to subpoena witnesses and documents for an administrative hearing.
What Happens if DMV Does Not Provide Evidence Before the Hearing?
A driver is entitled to a meaningful opportunity to review and respond to evidence being used in the administrative proceeding.
Discovery issues can become important when relevant evidence is produced shortly before a hearing or when additional evidence is needed to evaluate DMV’s case.
The appropriate response depends on the circumstances and may involve objections, requests for additional time, or other procedural remedies.
Preparation before the hearing is important because DMV recommends requesting its evidence, commonly referred to as discovery, in advance of the scheduled hearing.
Does Requesting a DMV Hearing Stop the Suspension?
A timely hearing request can affect when an APS suspension or revocation takes effect.
If DMV cannot provide a hearing before the effective date of the administrative action, DMV states that the action will be stayed, or delayed, pending the hearing.
A stay is not the same as winning the hearing. It temporarily prevents the administrative action from taking effect while the hearing remains unresolved.
Drivers should confirm the status of their individual driving privilege rather than assuming that filing a hearing request automatically permits them to continue driving.
What Happens After the DMV Hearing?
Depending on the administrative action and the evidence presented, the DMV hearing officer may sustain or set aside the action.
If the suspension or revocation is set aside, the challenged administrative action will not remain in effect.
If DMV sustains the action, additional review may be available. California DMV recognizes rights to seek departmental review and, where applicable, judicial review in Superior Court. Deadlines apply to those procedures.
Can a DMV DUI Hearing Help the Criminal Case?
The DMV proceeding and criminal case remain legally separate, but preparing for the administrative hearing can provide an early opportunity to examine evidence related to the DUI arrest.
Depending on the case, that may include:
- The officer’s description of the traffic stop
- Observations allegedly indicating impairment
- Field sobriety testing
- Breath or blood testing
- Chemical-test procedures
- Statements attributed to the driver
- Evidence concerning an alleged refusal
Issues discovered while reviewing the DMV evidence may also be relevant when evaluating the separate criminal DUI case.
Do You Need an Attorney for a DMV Hearing?
California does not require a driver to have an attorney at a DMV administrative hearing.
A driver may represent themselves or may be represented by an attorney or other representative at their own expense.
However, a DUI hearing can involve evidentiary issues, subpoenas, chemical-test evidence, police reports, witness testimony, and legal questions concerning whether DMV has established the grounds necessary to suspend or revoke the person’s driving privilege.
Don’t Confuse the DMV Hearing With a Restricted License
A DMV hearing challenges the administrative suspension or revocation itself.
It is not a hearing to request a restricted driver’s license.
Restricted-license and ignition interlock device eligibility are separate DMV matters.
For more information about license restrictions following a repeat DUI, see our guide to obtaining a restricted license after a second DUI in California.
Learn More About California DUI Cases
For more information about license suspensions, repeat offenses, ignition interlock devices, and criminal consequences, read our guide to California DUI penalties.
You can also learn more about California DUI laws and BAC limits and our Fresno DUI defense services.
Talk to a Fresno DUI Attorney
If you have been arrested for DUI in Fresno or elsewhere in Central California, remember that the DMV hearing deadline can arrive long before the criminal case is resolved.
Gregory W. Fox has more than 20 years of experience defending people accused of DUI and other California criminal offenses.
Call the Law Office of Gregory W. Fox at (559) 222-5800 to request a confidential consultation.