DMV Hearing
A DMV hearing, known as an Administrative Per Se (APS) hearing, is an administrative action by the Department of Motor Vehicles (DMV). The DMV hearing is completely separate from any DUI criminal charges and proceedings. The APS hearing is not concerned with whether a driver is innocent or guilty of driving under the influence that will be determined through the criminal system. The APS hearing is only concerned with whether to suspend or revoke driving privileges.
 When arrested for driving under the influence, the officer usually seizes your driver’s license and issues a 30-day temporary driver’s license. Time is a critical factor in regards to the DMV hearing because there are only 10 days to request the DMV APS hearing. That is 10 calendar days, including any weekends or holidays. Without a hearing, your driver’s license will automatically be suspended at the end of the 30-day temporary license period.
You have the right to have the DMV hearing and you have the right to have legal representation at the hearing. The DMV hearing is the only way to prevent the automatic suspension of your driver’s license. The length of time your license is suspended depends on other factors such as whether it is your first offense or whether you refused to take a chemical test, for instance.
The DMV hearing will only deal with events concerning the arrest. They are the only matters discussed at the hearing. The DMV hearing will be concerned with the following questions:
- Did the driver take a chemical test of blood, breath or urine?
- Did the officer properly arrest the driver?
- Did the officer have probable cause to believe the driver was driving under the influence?
- Did the driver operate a vehicle with blood alcohol concentration (BAC) of 0.08% or higher?
The hearing takes place at a DMV Driver’s Safety Office and they are tape-recorded. There is no judge or jury, the person who presides over the hearing is a DMV employee known as a Driver Safety Hearing Officer. They most likely do not have any legal education.
At the beginning of the hearing, the hearing officer will inform the driver of the legal grounds for the action. At the proper time, the driver has the opportunity to review or challenge the DMV’s evidence, as well as present testimony, evidence, and witnesses to convince the DMV to modify or rescind the suspension.
The Driver Safety Hearing Officer does not usually make at decision at the hearing. They review all the evidence after the hearing and make a decision to uphold, modify, or set aside the DMV action. The best possible result is for the DMV action to be set aside (rescind), meaning the DMV action is over. The decision is in your favor, you maintain your driving privileges and you can get a duplicate driver’s license. The DMV will notify you in writing only if they decide in your favor, the suspension of your driver’s license is set aside.
If decided against you then your driver’s license is revoked or suspended. How long before you can get your driver’s license back depends on whether you took a chemical test (blood, breath or urine) and if this is your first offense or more.
If decided against you then your driver’s license is revoked or suspended. How long before you can get your driver’s license back depends on whether you took a chemical test (blood, breath or urine) and if it is your first offense or more. Other factors regarding the length of suspension are if you refused to take a chemical test understanding the consequences of refusing and if it is your first offense or more.
Whenever your suspension is up, you will need to pay a fee and submit an SR-22 form for the next 3 years. An SR-22 form is proof of insurance. You will be required to complete alcohol education classes for a 3 to 30 month period.
If the decision is to modify the DMV action, meaning you have a restricted driver’s license and driving privileges. You will still need to file the SR-22 form and complete an alcohol education program. Restricted driver’s license allows you to drive to and from work, to the alcohol education program, and perhaps doctor’s appointments.
The impact of loosing a DMV hearing and your driver’s license will mostly likely affect your whole life and that of family’s. Do not try to handle it on your own, Darryl Genis stands ready to fight for you to keep your driving privileges. He can represent you for both the DMV hearing and any DUI criminal charges you are facing.
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Drunk Driving DMV Hearing Lawyer
