How to Win a DMV Administrative Hearing in California

If you’ve been arrested for DUI in California, you’re facing two separate legal battles: a criminal court case and a DMV administrative hearing. Most people know they need to fight their criminal charges, but many underestimate the importance of the DMV hearing.

If you don’t act fast and request a hearing within 10 days of your arrest, your driver’s license will be automatically suspended.

But here’s the good news – you have the right to fight the DMV suspension and protect your driving privileges. And with the right strategy and legal guidance, you can significantly boost your chances of winning your hearing and keeping your license.

What is a DMV Administrative Hearing?

A DMV administrative hearing is a separate action from your criminal DUI case, focused solely on determining whether your driver’s license should be suspended. These hearings are less formal than court trials and are presided over by a DMV hearing officer rather than a judge. The rules of evidence are also more relaxed, but the stakes are still high – your ability to drive is on the line.

DMV hearings can be triggered by many different circumstances, but the most common is an arrest for driving under the influence. If you refuse a chemical test or your blood alcohol content (BAC) is .08% or higher, the arresting officer will confiscate your driver’s license and give you a pink temporary license that doubles as a 30-day driving permit and notice of suspension.

The Administrative Per Se (APS) Hearing Process for DUIs

When you’re arrested for DUI, the officer will send a sworn report to the DMV, which then initiates an automatic license suspension process known as Administrative Per Se (APS). You only have 10 days from the date of arrest to request an APS hearing and challenge the suspension.

If you don’t request a hearing within this tight window, your license will be suspended 30 days after your arrest.

At the APS hearing, the DMV hearing officer will consider three key issues:

1. Whether the arresting officer had reasonable cause to believe you were driving under the influence.
2. Whether the arrest was lawful.
3. Whether you were driving with a BAC of .08% or higher OR refused to submit to a chemical test.

The DMV bears the burden of proving these issues by a “preponderance of the evidence” – a lower standard than the “beyond a reasonable doubt” standard used in criminal court.

How to Request a DMV Administrative Hearing

You can request a hearing by calling the DMV Driver Safety Office, submitting an online request, or mailing in a written request. When you make the request, the DMV will stay (postpone) the suspension until a decision is reached at your hearing.

It’s highly recommended to have an experienced DUI attorney handle the hearing request for you. Our team can ensure that the request is submitted properly and on time to protect your rights.

Preparing for Your DMV Hearing with the Help of an Attorney

Having a skilled DUI attorney represent you at your DMV hearing can be beneficial to your case.

Here’s what a good lawyer brings to the table:

• In-depth knowledge of DMV hearing procedures and DUI laws
• Experience cross-examining officers and challenging chemical test results
• Skill in negotiating with hearing officers for a more favorable outcome
• Sound judgment on whether you should testify and what to say

While you have the right to represent yourself at a DMV hearing, going it alone can be risky. The hearing officer is not there to help you, and the DMV’s evidence can be tough to counter without legal expertise.

What to Expect at the DMV Administrative Hearing

At your DMV hearing, the hearing officer (a DMV employee, not a judge) will preside over the proceeding and make a decision on whether to suspend your license. The hearing is your opportunity to present your case and argue against the suspension.

The hearing officer will review the evidence, including the arresting officer’s sworn report and chemical test results. You or your attorney can cross-examine the officer and challenge any inconsistencies or problems with the evidence.

You’ll also have the chance to present your own evidence and witnesses to support your case. This might include expert testimony on the unreliability of field sobriety tests or evidence that the officer didn’t have probable cause for the traffic stop.

Throughout the hearing, the DMV has the burden of proving by a preponderance of the evidence that the license suspension is justified. If they fail to meet this burden, you win, and your license won’t be suspended.

Possible Outcomes of a DMV Administrative Hearing

There are two primary outcomes of a DMV hearing:

1. Set aside (win): If the hearing officer finds that the DMV did not prove its case, they’ll “set aside” the action, and you’ll keep your full driving privileges.
2. Sustained (lose): If the hearing officer finds that the DMV met its burden of proof, they’ll “sustain” the action, and your license will be suspended. The length of suspension depends on factors like whether you took a chemical test and if you have prior DUIs.

In some cases, even if you lose, you may still be eligible for a restricted license that allows you to drive to work, school, and DUI classes during the suspension period.

If you lose your hearing, you have the right to challenge the decision by filing a writ of mandate in superior court. However, the court will only overturn the DMV’s decision if it was arbitrary or not supported by the evidence.

Increasing Your Chances of Winning the DMV Hearing

There’s no guarantee when it comes to winning your DMV hearing. Every case is different, and the outcome depends on a variety of factors.

To give yourself the best shot at winning your DMV hearing and keeping your license, consider the following tips:

1. Hire a skilled DUI attorney: An experienced lawyer who focuses on DUI cases will know the ins and outs of the DMV hearing process and can build a strong case on your behalf.
2. Review and contest the evidence: Carefully examine the police report and chemical test results for any inaccuracies or inconsistencies that could help your case.
3. Challenge probable cause: If the officer didn’t have a valid legal reason to stop you in the first place, any evidence obtained after the stop may be thrown out.
4. Identify Title 17 violations: Title 17 of the California Code of Regulations sets strict rules for how chemical tests must be administered. Violations of these rules can lead to the test results being excluded.
5. Present strong evidence: Gather and present any evidence that supports your case, such as witness statements or expert testimony on the flaws of field sobriety tests.

By putting these strategies into action and having a knowledgeable DUI attorney in your corner, you can significantly increase your chances of a positive outcome at your DMV hearing.

Fight for Your License and Your Future With Our DUI Lawyers

Facing a DMV administrative hearing after a DUI arrest can be stressful, but remember – you have the right to challenge the suspension and protect your driving privileges. By requesting a hearing and hiring a lawyer early on, you may be able to avoid a lengthy license suspension and minimize the impact on your life.

At The Nieves Law Firm, our team of DUI attorneys has extensive experience representing clients at DMV hearings across California. We know what it takes to beat these cases and are dedicated to fighting for the most favorable outcome for every client.

If you’re facing a DMV hearing after a DUI arrest, don’t wait – contact The Nieves Law Firm today for a consultation.