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DUI Law: DMV Hearings

You should have been given a pink piece of paper which is your temporary license. On this pink piece of paper, the Department of Motor Vehicles (DMV) describes the DMV administrative hearing process and gives the following notice:

You or your attorney must request a DMV hearing within 10 days of your arrest. If you fail to do so, you will be denied a hearing and your driver's license will be suspended. If you request a hearing yourself, be sure to request a "stay" on the suspension pending the outcome of your hearing.

Perez & Perez has an attorney handle all the DMV hearing rather and an assistant.  Our office will call, fax and send a certified letter to the DMV requesting a DUI hearing and ask for a Stay on your driver’s license so you may continue driving until the DMV sends notice of a ruling of decision.  Further, our office makes a request for Discovery in every DUI hearing to look for any technical defect, Title 17 violation, calibration issue, etc.

The DMV hearing is completely separate from your criminal case. The DMV hearing is a civil proceeding where the standard of proof is lower than in a criminal case. The standard of proof at a DMV hearing is basically "more likely than not."

A DMV hearing can be won by "set asides" due to technical issues and flaws on the DS 367 form completed by the police officer or other issues.

The following is a list of issues that must be established at a DMV hearing:

  1. You were driving a motor vehicle.
  2. Your blood alcohol level was .08% or greater at the time of driving.
  3. The officer had reasonable cause to believe that you were driving a vehicle with a blood alcohol level in excess of the legal limit.
  4. You were lawfully arrested.

The DMV can take the following action with its decision after a DUI hearing:

Hearing Decision   BAC   Action Taken
SET ASIDE   n/a   You win and you can continue to drive.
FIRST DUI OFFENSE*   .08 or greater
  4 month suspension
1 year suspension
*Restricted License is for FIRST TIME DUI OFFENSE – You must show proof of enrollment in a first offender alcohol education program, submit an SR22 from your insurance company and pay a fee. The restriction allows you to drive to and from your job and to and from your program.
(Within 10 years)
  .08 or greater
  1 year suspension
2 year revocation
(Within 10 years)
  .08 or greater
  3 year suspension
3 year revocation
(Within 10 years)
  .08 or greater
  4 year suspension
4 year revocation

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1440 N. Harbor Blvd., Ste. 900, Fullerton, CA 92835, Phone: (714) 961-1966, Fax: (714) 961-1972

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