DMV Hearing Procedure & Results
For those who wonder what the DUI DMV hearing is all about, here’s a brief overview to help understand the process. The DUI DMV hearing is the aftermath of getting your license confiscated on the chance that you get caught driving drunk, and it is the one chance you get to clear your name.
Post arrest on DUI charges in the esta state, the arresting officer provides you with a pink “Notice of Suspension” that acts as a temporary license for the next 30 days. Within the next 10 days you are required to appeal for a DMV hearing to prevent the esta suspension. Failure to appeal for any reason not only takes away your only chance to be heard but also automatically suspends your license at the end of the 30 days.
However, if you do manage to make the appeal, suspension is postponed till the outcome of the hearing. A driver license hearing is informal and can be held in person or over the phone. During the hearing, a hearing officer explains the case and can clear doubts regarding the nature of it, however, he or she isn’t in a position to provide legal advice.
You may appeal for an express consent case and request for the arresting officer to be present at the DMV Fresno, in order to cross-question him/her once he/she has testified. You may also testify on your own behalf, present a witness or any other necessary evidence to present your case. All evidence is reviewed by the hearing officer in order to make the final decision.
Issues Addressed by the DMV
Since the DMV hearing isn’t the same as a court proceeding only the following concerns will be addressed to you in order to conclude it:
Was the arresting officer given reasonable cause to believe that you were driving your vehicle under the influence of intoxicants like drugs and or alcohol, i.e. in violation of vehicle code 23140, 23152 or 23153?
Were you lawfully placed under arrest by the officer who detained you?
Were you informed about the consequences of the refusal to submit to a chemical test? Were you also informed that doing so would result in suspension of your driving privileges for a certain period of time?
Last but not least, did you simply fail the test or refuse to take it altogether?
What You Should Ask the DMV
It is certain that anyone whose license is taken away is bursting with questions, so it’s a good idea to be prepared with the necessary ones.
Consider the following:
First, call and ask the DMV to grant you a stay and a hearing. The stay will allow you to continue driving even after the temporary pink slip 30 day license expires. This is often necessary, considering that the hearing can take place anytime between 1-3 months after the arrest.
Don’t forget to ask the DMV to send you the police report 10 days prior to the DMV hearing, as the report will come
in handy when making your case.
While speaking to the DMV officer be sure to note down the name of the DMV officer besides the time and date of the call, in order to verify that it was done within the 10 day period.
Make sure you familiarize yourself with the working hours of the DMV office in your locality, e.g. if you’re arrested in Fresno, look into DMV Fresno hours and ensure that you schedule any visits according to them.
What if I Win?
Winning the hearing allows you to keep your driving privileges and improves your case during negotiations with the prosecution plea bargain, if there were inherent flaws in the state’s case.
It is also important to note that the DMV and the DUI court hearings work separately. So, if for some reason the prosecutor decides to proceed to trial, there is still a chance of your license being revoked if you get convicted for the offense in court.
What if I Lose?
If you lose the hearing you can still get the prosecutor to reduce the plea through negotiations with the help of an attorney. The length of the suspension depends on whether it is your first, second or third DUI offense. Multiple DUI offenses are always treated more seriously, just like any other criminal offense.
First Timer: Suspension of license for 6 to 10 months or conversion into restricted license to drive to work and back, after the 1st month if you enroll into DUI school and submit an SR-22 insurance form besides paying the license reissue free of $125.
Second Timer: Suspension of license for up to 2 years, converting to a restriction is possible only after the first year. You may be able to get the restricted license after 3 months. There is possible jail time, anywhere between 96 hours to a year and a fine between $390-1000.
Third Timer: Suspension of license for up to 3 years, converting to a restriction is possible only after the first year. There is possible jail time, anywhere between 96 hours to a year and a fine between $390-1000.
Since DUI’s are both administrative and criminal offences its necessary to seek professional help when dealing with these cases. If you’re arrested for DUI and your case is being handled at DMV Fresno CA, get in touch with an expert team of attorneys locally.