Los Angeles DUI Attorney (310) 285-1516
Los Angeles DUI Attorney
(310) 285-1516

If you win your DMV hearing, the DMV will not take any action against your license.

However, be aware that the court still has the power to restrict, suspend or revoke your license depending on your case and if you have prior DUI's. (The court and DMV have separate and independent powers to suspend your driver's license.)

On this page you will find:-

[If you have other California DMV Hearing problems (not DUI) - Visit www.helpwithtrafficticket.com]

California DMV - 3 Legal Issues

In order to win your DMV Hearing, and have the DMV not take any action against your license, you must prevail on one of the following 3 issues:-

In a DMV hearing, the DMV is only concerned with determining three legal issues. Unfortunately your need to drive for work is not considered by the DMV.

If you took a blood or breath test, the three legal issues in your DMV Hearing are :-

  1. Did the Peace Officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140, 23152, or 23153?
  2. Were you placed under lawful arrest?
  3. Were you driving a motor vehicle when you had 0.08% or more by weight of alcohol in your blood?

ALERT Regarding Refusal Cases - if for some reason the officer said you refused to take a test; this is very serious.  You face greater punishment from the DMV and in Court.  See below, because there are different issues for refusal cases in a DMV hearing.

Other ways to win a DMV hearing for DUI

Other sub-issues in a DMV hearing in california

If you can prevail on any of the following sub-issues, you can possibly win your DMV hearing.

  • Were you administered a test within 3 hours of driving?
  • Did the officer continuously observe you for 15 minutes before administering your breath test at the police station pursuant to Title 17 of the California regulations which outline the proper breath testing procedures?
  • Was the officer properly trained and qualified to administer the breath test?
  • Was the DS 367 Officers' statement properly sworn and filled out?
  • Was the official duty presumption rebutted, i.e. is there evidence that the officer did not properly perform his official duties?

If you win your DMV Hearing

win your DMV Hearing

The power of the court to suspend your license

If you win your hearing, the DMV will not take any action against your license. However, you must be aware that the court still has the power to restrict, suspend or revoke your license depending on your case and if you have prior DUI's.

The terrible thing about a DUI is the court and DMV have separate and independent powers over your license.  This can be very confusing; so be aware of this fact in determining what can happen to your license.

Reality of a DMV Hearing

It is very hard to win a DMV Hearing because, frankly, the DMV does not want you to win. The DMV will even subpoena police officers to a DMV hearing to fix any mistakes the officers have made so that the DMV can enforce a suspension against your license. Normally the officer will not come to the DMV hearing unless you or the DMV subpoena him. In a DMV hearing you are basically presumed guilty and the odds are stacked against you.

To win a DMV Hearing you usually must have one of the following examples:

  • The police did not follow proper procedure with the breath or blood tests
  • You present convincing evidence the officer had no right to pull you over
  • You present proof that you were under .08 at the time of driving
  • Significant mistakes made in the Officer's Statement DMV form and police report
  • Insufficient or improper DMV evidence
  • etc.

In 2007, there were 186,961 DMV Hearings held in California for people over 21 arrested for DUI's and only 16,860 (that's 9%) people won their DMV hearing.

lose your DMV HearingIf you lose your DMV Hearing

Seek DMV departmental review or Sue the DMV

If you lose your DMV Hearing, you have the right to seek DMV departmental review of the decision for and you can also sue the DMV in a civil court. If you win a trial in court, the DMV must give you your license back.

License Suspension / Restricted License

If you lose your DMV Hearing and there was not a refusal, you face the following suspensions:

  • First Time DUI - the DMV will suspend your license for a minimum of one month. After this one month suspension of your license, if you enroll in an alcohol class, file proof of insurance (SR-22, proof of financial responsibility) and pay a DMV license reissue fee of $125, you can obtain a restricted license to drive to work for the next four to five months (possibly longer depending on what happens in court). In sum, on a first time DUI you cannot drive for 30 days if you lose your DMV hearing but after 30 days you can get a restricted license to drive to work.
  • Second Time DUI within 10 years - the DMV will suspend your license for one year if you lose your DMV hearing. That means NO DRIVING ALLOWED FOR ONE YEAR. YOU ARE NOT EVEN ALLOWED TO DRIVE TO WORK - PEOPLE CANNOT BELIEVE THE DMV WILL NOT ALLOW A RESTRICTED LICENSE DURING THIS YEAR BUT THE LAW IS BRUTAL AND MERCILESS ON SECOND DUIs AND YOUR LICENSE WILL BE SUSPENDED FOR ONE YEAR - NO DRIVING ALLOWED AT ALL for one year by the DMV for a second time DUI.
  • Third Time DUI within 10 years - the DMV and the Court will attempt to revoke your license for 3 years so you cannot drive at all. After completion of the 18 month program and installation of an ignition interlock device, you might be eligible for a restricted license which would allow you to drive for work related reasons.

REFUSAL CASES

If you refused to take a breath test or blood test, there are different issues in your DMV Hearing :

  1. refusal to take breath testDid the Peace Officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140, 23152, or 23153?
  2. Were you placed under lawful arrest?
  3. Were you told that, if you refused to submit to or failed to complete a test of your blood or breath, your driving privilege would be suspended for one year or revoked for two or three years?
  4. Did you refuse to submit to, or fail to complete, a blood or breath test after being requested to do so by a peace officer?

Refusal Alert :-
If the officer says you refused to take a breath test or blood test, even if you tried blowing in the machine, you face a one year license suspension of your license with absolutely no chance of getting a restricted license to drive to work during this suspension. If you have prior DUIs then you face a longer suspension.

You must win your DMV hearing in all refusal cases to get your license back and avoid this strict punishment. The courts have no power over your license in refusal cases which means even if you go to trial and win it will not affect your license status. You must win the DMV hearing to get your license back.

There have been cases where people have tried blowing in the breath machine and when no result is obtained, officers sometimes get impatient, accusing you of not blowing hard enough.  They say that you have refused to take a test without telling you that you face a 1 year license suspension and a minimum 48 hours in jail from the court for refusing to take a test.

Refusal cases are very serious and you must get a DMV hearing to fight these allegations.

See also:-

Los Angeles DUI Attorney

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Pardoe & Associates
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