You may not know that even if a jury finds you not guilty of a DUI, the Department of Motor Vehicles may still suspend your license. While in the past both the court and the DMV could order your driver's license suspended, the DMV is now the only entity who can suspend a license, and they can do so because of an unsuccessful DMV hearing or a criminal court conviction. After your DUI arrest you will be subject to a DMV administrative hearing which will generally be held at the Department's offices nearest to where the offense occured.
If you have been arrested for DUI, the arresting officer must immediately (while they have five days, they routinely go over this limit) send the DMV a copy of the notice of suspension, along with his statement of facts, and the blood alcohol test results, if any. Once the officer sends these items to the Department of Motor Vehicles, you have ten days in which to contact a local DMV branch and request a license suspension hearing.
Will My Hearing Be Like a Court Trial?
Court trials involve live witness testimony, while a DMV hearing focuses substantially on police and chemical test reports. Be aware that much of the evidence which will be introduced at your hearing can, unlike court hearings, be "hearsay" evidence, or statements made by people who are not present at your hearing. The DMV cannot suspend your license based solely on the hearsay rule, however and your attorney can challenge this evidence. Your DMV hearing will be conducted by a hearing officer, who generally has no legal training at all. The hearing will be conducted in a private room and will be recorded as well.
What are the Issues That May Be Raised at My Hearing?
The following issues will quite likely be raised at your Department of Motor Vehicle hearing:
- Were you, in fact, driving the vehicle?
- Was the traffic stop made by the officer legal?
- Was the arrest made by the officer legal?
- Were you given a test and was it done properly under the law?
- Was your blood alcohol level above the legal limit?
If you consented to take a chemical test, the issues will additionally be:
- Did the officer have a reasonable belief that you were under the influence?
- Was your arrest lawful?
- Did the chemical test indicate your BAC was above the legal limit?
Always Get Qualified Legal Advice
If you refused the chemical test, the officer will be questioned as to whether he advised you of the consequences of refusing the test and you still refused. (If you lose your DMV hearing your license suspension will be substantially longer because of your refusal to take the chemical test). As you might guess, these hearings are quite often very difficult to win, especially without legal representation. You should ensure your rights are protected by retaining the services of an experienced DUI attorney.
