Hearing vs. Criminal Court Case
An arrest for driving under the influence triggers two different and mutually exclusive cases. They are completely independent of each other and the outcome of one case has no affect of the other case. The two issues are a criminal case and an administrative action with the Department of Motor Vehicles (DMV).
The criminal case deals with the criminal charges for driving under the influence. It involves the criminal court system and the prosecutor’s office. The purpose of the criminal trial is to determine if you are innocent  or guilty of a crime. In this case, driving under the influence of alcohol, driving with a blood alcohol of 0.08 percent or higher, or both.
There are only two possible outcomes with the criminal case, innocent or guilty. If the verdict is you are innocent, then you retain your driving privileges and your driver’s license. If the verdict is guilty, then you face fines, incarceration, and community service. Additionally, you will be required to complete mandatory DUI classes.
The case with the DMV involves the suspension of your driver’s license. The DMV hearing is called an Administrative Per Se (APS) hearing. Concerning the DMV suspending your driver’s license, the suspension will occur automatically unless you request a hearing with the DMV within 10 days of your arrest. The 10 days are calendar days including any weekends and holidays within that period.
Anyone facing the DMV administrative action is entitled to a hearing because the California state constitution as well as the federal constitution states no person shall be deprived of property without due process of law. This means you are entitled to a notice of the action the DMV plans to take against your driving privilege and the chance to be heard. The DMV hearing is your chance to be heard.
The hearing is not a legal proceeding. There is no judge, jury, or prosecutor. It is a discretionary action against an individual’s driving privilege. A discretionary action is one where the law allows, but does not require, the DMV to order an action.
The hearing is not concerned with whether you are innocent or guilty of the DUI charge. Again, it only deals with the suspension of your driver’s license. The hearing is your opportunity to prove that suspending your license is not justified. The function of the hearing is to ensure the arresting officer followed the rules for suspending a license. It is only focusing on the facts surrounding the arrest.
If you took a chemical test at the time of the arrest, then the hearing centers on the following:
- Were you legally arrested?
- Did the officer have reason to believe you were driving under the influence?
- Was your blood alcohol concentration 0.08% or higher when you were driving?
If you refused to take a chemical test at the time of the arrest, the hearing centers on the following:
- Were you legally arrested?
- Did the officer have reason to believe you were driving under the influence?
- Did you completely understand the consequences of refusing to take a chemical test?
As with the criminal case, there are two possible outcomes. One, you keep your driver’s license and all driving privileges. Two, your license is suspended or revoked. A suspended or revoked license means no driving at all. You may be able to obtain a restricted driver’s license, but not at the hearing. Getting a restricted license is a separate issue and you simply for one at a DMV field office.
A DUI criminal defense attorney can represent you for both the criminal case and the DMV hearing. It would only be prudent to have someone on your side that is extremely familiar with both of these processes. It is a confusing and difficult time. You do not have to go through it alone. Call Darryl Genis and receive assistance from one of the most experienced DUI attorneys in Sal Luis Obispo.
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Drunk Driving DMV Hearing Lawyer
