DMV Process

DMV Penalties

In addition to sanctions imposed as a result of a court conviction, DUI offenders face administrative license actions (suspensions and revocations) by the DMV in a DMV Hearing. These actions are mandatory (the DMV must apply them on violators) and independent of any criminal penalties imposed by a court. The Table below summarizes license suspensions and revocations imposed on DUI drivers.

DMV License Suspensions and Revocations

*This punishment for a second "test refusal" also applies
if prior offenses were for DUI or were DUI-related.

DMV Process

The administrative license suspension process begins when a driver is cited for DUI. The driver license is taken on the spot by the arresting law enforcement officer if the driver:

• violates the civil per se laws (as shown in the Table above: .01% for drivers under 21; .08% for drivers 21 or over)
• refuses a chemical test requested by an officer

Licensed offenders are then served with a DMV order of suspension or revocation which serves as a 30-day license. The suspension or revocation takes effect in 30 days. Within 10 days from the citation date, drivers can request a DMV hearing.

DMV hearings are independent of criminal prosecutions. That is, proceedings and findings in one venue do not affect proceedings and findings in the other. For example, if a defendant's charges are dropped in court, this decision has no effect on the determination made at an DMV hearing. An important exception exists, however: a not guilty verdict in a criminal case overturns a DMV determination and license suspension.

You Must Contact the DMV Within 10 Days of Your Arrest

You must contact the DMV within 10 days to protect your driving privileges. The temporary driver's license you were probably issued expires 30 days after your arrest. The purpose of contacting the DMV is twofold. First your driving privileges will not be suspended before a hearing is held regarding your arrest. Second, your driving privileges will not be suspended until the hearing is held and a decision rendered. By making this request you ensure that that your driving privilege will not be suspended until your case is heard.

You only have 10 days from the date of arrest to request a hearing before the DMV. If you do make the request then a stay of the driving license suspension will be issued. You will maintain full and complete driving privileges while the stay is in effect.

The information set out below supplies the Department of Motor Vehicles with the information necessary to obtain a hearing. You do not have to supply any other information at the time you make the request in order to receive a hearing date or the stay of your license suspension. Your hearing request however must be made within ten days of the Notice of Suspension. The ten days are calculated by counting the first day as the first day after your arrest. As an example, if you were arrested on the 15th of the month, start counting on the 16th of the month as the first day, and the tenth day would then be the 25th of the month.

DMV Hearing Request

You must provide the DMV, at the time you make your request for hearing, with the following information:

 Your name and driver's license number.

 The date of arrest or notice of suspension, which you will find on the Notice of Suspension itself. It will also contain information regarding the county where you were arrested and the agency that arrested you.

 Whether you submitted to a breath test or blood test.

 Request either an in person or a telephone hearing.

*It is always wise however to contact a DUI Defense Lawyer prior to requesting a hearing.

The DMV Hearing

At the DMV Hearing ,a hearing officer will be present. His or her function is to prosecute the case and make a final decision based on the evidence presented.

The issues involve:

• Determining who was driving the vehicle.
• Determining whether the police officer had "reasonable cause" to pull over and arrest the driver (a complicated legal question).
• Determining whether there was a lawful arrest (also a complicated legal question)
• Did the driver have a blood alcohol concentration of .08 or above (which is open to many challenges).

By completely examining your case and using various methods of "discovery" we are able to construct a defense to rebut the case against you. At the hearing we provide whatever testimony will help your case often including an expert in either blood or breath testing.

In many cases, there are questions on at least one of the issues the DMV must prove. The DMV must prove all issues affirmatively to suspend the driving privilege. A skilled attorney can help discover and factually develop the issues that can win your case at the DMV.