When you have been charged with a DUI, there are typically two separate tracks you must deal with:
A DMV Driver Safety hearing most commonly comes up after an arrest involving BAC/chemical test issues, and it is separate from your criminal court case.
A DMV hearing is not mandatory, but it is often your best opportunity to challenge the administrative license action. If you do not request a DMV hearing, the DMV can move forward based on the records it receives, and you generally lose the ability to present your side in a formal hearing.
After you are arrested, law enforcement may take your driver’s license and transmit the matter to the DMV (this can work differently if you are from out of state). From there, the DMV process begins.
To request a Driver Safety hearing, you generally must do so within 10 days of receiving the notice, or within 14 days from the date on the notice if it was mailed. Missing the deadline can mean forfeiting your hearing rights.
When you get the notice, you will be given instructions on how to request the hearing. If you have a California DUI lawyer, they will often request the hearing for you.
If you do not respond, you may forfeit the hearing and your license can be suspended on the DMV’s timeline (often effective about 30 days after the action is initiated).
If you want to keep this simple, focus on four actions:
A DMV hearing is an administrative process where evidence is reviewed to determine whether the DMV will impose a suspension/revocation or allow you to keep driving privileges under certain conditions.
By this point, there is usually a police report and related documentation. In some cases, your lawyer may request additional evidence (for example, video) to compare what appears on footage versus what is described in the report.
The DMV typically does not issue a decision on the spot. You receive the decision in writing. If the DMV sets a suspension, it is often effective shortly after the decision is mailed.
One step some drivers explore after a DUI is applying for an IID restricted license (IID = Ignition Interlock Device). An IID is a device installed in the vehicle that requires a breath sample before starting, and it can prevent the vehicle from starting if the sample is above a preset threshold.
Eligibility and duration depend on your record and the facts of the case. The most important point: an IID/restricted option can be a backup plan to keep you legally driving if the DMV suspension goes into effect—it does not replace the value of fighting your case when you can.
To prepare with a lawyer before a DMV hearing, you typically review the incident, what the police report alleges, and what evidence exists. The police report is often a core document, and in some situations video can be important.
From there, you and your lawyer assess:
Your lawyer will discuss options for both the DMV track and the criminal court track so your strategy is consistent.
If you are facing a California DUI charge and do not have a lawyer, call us today for a review of your case.
