Requesting a DMV Hearing
When arrested for DUI in California, your license is automatically suspended. California Vehicle Code §13353.2(a) provides the department (DMV) shall immediately suspend the privilege of a person to operate a motor vehicle for any one of the following reasons:
(1) The person was driving a motor vehicle when the person had 0.08 percent or more, by weight, of alcohol in his or her blood.
(2) The person was under 21 years of age and had a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test, or other chemical test.
(3) The person was driving a vehicle that requires a commercial driver’s license when the person had 0.04 percent or more, by weight, of alcohol in his or her blood.
(4) The person was driving a motor vehicle when both of the following applied: A) The person was on probation for a violation of Section 23152 or 23153. B) The person had 0.01 percent or more, by weight, of alcohol in his or her blood, as measured by a preliminary alcohol screening test or other chemical test.
The notice of the order of suspension under this section shall be served on the person by a peace officer pursuant to California Vehicle Code §13382 or §13388. The notice of the order of suspension shall be on a form provided by the department (DMV). You will receive a pink “Suspension Order and Temporary License,” which is the required notice of suspension and a temporary license allowing you temporary driving privileges for 30 days.
California Vehicle Code §13353.2 specifies the notice of the order of suspension shall specify clearly the reason and statutory grounds for the suspension, the effective date of the suspension, the right of the person to request an administrative hearing, the procedure for requesting an administrative hearing, and the date by which a request for an administrative hearing shall be made in order to receive a determination prior to the effective date of the suspension.
The procedure is outlined on the pink “Suspension Order and Temporary License, and states:
“YOU HAVE 10 DAYS FROM RECIEPT
OF THIS NOTICE TO REQUEST A HEARING
TO SHOWTHAT THE SUSPENSION OR
REVOCATION IS NOT JUSTIFIED.”
Following your arrest, you have only ten days to notify the Department of Motor Vehicles and schedule a hearing. When facing a DUI and DMV Suspension Hearing contact the Law Offices of Kenneth M. Hallum who is experienced with scheduling, conducting, and representing defenses at the DMV Suspension Hearings.
The DMV Hearings Process
California Vehicle Code §13353.2 provides the department (DMV) shall make a determination of the facts, and that the determination of the facts is a civil matter that is independent of the determination of the person’s guilt or innocence, and shall not preclude the litigation of the same or similar facts in the criminal proceeding.
The DMV Hearing may be conducted in person or over the phone. An in person meeting will be at a local DMV Driver’s Safety Office. The Hearing officer who works at the DMV will act as the judge. This will be the opportunity to present the facts and any witnesses.
There are three issues that are reviewed at this hearing;
- Whether you were arrested lawfully, and
- Whether your blood alcohol content (BAC) was over the legal limit of .08%, and
- Whether you were the actual driver.
If any of the three can be disputed, your license suspension may be overturned and you may get your driving privileges restored.
Don’t delay once arrested, contact the Law Office of Kenneth M. Hallum immediately. If you have been arrested for DUI, it is important to contact a Santa Barbara DUI defense attorney right away. If you do not schedule your hearing in a timely manner, you risk losing your license. Even if you schedule and attend the hearing, if you do not have adequate representation, you still run the risk of having a license suspension that could severely limit your ability to work or go to school.
When facing a DUI DMV Hearing Contact the Law Offices of Kenneth M. Hallum.