The Stages in a DMV Hearing for a DUI Offense
The DMV or the Department of Motor Vehicles is the government agency which is tasked to oversee the proper licensing of drivers and vehicles in the nation’s highways. In each state, there are specific rules as to allowing an individual to operate a motor vehicle. This stems from the presumption that the act of driving is a privilege granted by the government after determination of fitness and skill in operating a vehicle.
If a driver is arrested for violating the law on driving under the influence or DUI, then there is a whole process that the DMV undertakes to determine an individual’s fitness to operate a motor vehicle in the state. The following is the process followed by the California Department of Motor Vehicles.
- Upon one’s arrest for violating DUI laws, the police officer is allowed to confiscate the driver’s California license and in exchange a temporary permit is provided in place of such confiscation.
- Once the permit is provided, the individual is required to report to the California DMV office within ten (10) days of the arrest. The purpose of this appearance is to request for a holding of a suspension of the license and petition for the grant of a DMV hearing on the case.
- Once the request is granted, an administrative officer would then hear the individual’s reasons why the license should not be suspended. This is an administrative hearing and thus the evidentiary requirement to prove the violation is not the same as a criminal trial.
- The administrative officer then determines if the case had probable cause, the arrest was lawfully undertaken, the blood alcohol content examination was properly conducted and if the results were above the legal limit at the time of operation of the vehicle.
- Once the administrative officer of the DMV finds the above properly conducted, then a suspension or even revocation of driving privileges can be imposed upon the individual. If at any point any of the facts presented were improperly done, then suspension need not be imposed.
Do note that if the administrative officer imposes suspension or revocation of driving privileges and after trial the individual is acquitted of the DUI charges, the DMV suspension may be reversed upon proper petition to the DMV.
Thus if you have a DUI case against you and you need to be properly advised as to your rights and options not only in California courts but also in the California Department of Motor Vehicles, then call the DUI Lawyers of the Law Offices of Ramiro J. Lluis for a free consultation today.