When you face a license suspension after a driving while under the influence (DUI) charge, you have the option to arrange an Administrative Hearing with the Department of Motor Vehicles (DMV). This hearing decides whether or not your license is suspended, and for how long, as well as any requirements that may need to be met during your suspension or in lieu thereof.

If you are charged with a DUI, you will need to attend an Administrative Hearing. You are allowed to have representation during these hearings, which can make or break whether or not you are allowed to retain your license.

Attorney for DUI Administrative Hearings in San Diego

Administrative hearings move fast – if you aren’t careful, the DMV might make recommendations that are too broad or too harsh for the crime that you are charged with. Your best bet is to work with an experienced DUI attorney that knows how the DMV operates.

Attorney Michael Cindrich has decades of experience protecting clients in DUI cases, and representing clients at administrative hearings. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City and La Mesa, and San Diego proper.

Contact Michael Cindrich right away for a free consultation at (619) 262-2500.

Overview of Administrative Hearings in California

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DUI Administrative Hearing under California Law

A DUI administrative hearing in California is a legal process conducted by the DMV to decide if your driver’s license should be suspended or revoked after your DUI arrest. This hearing operates separately from any criminal court proceedings related to the DUI charges and focuses exclusively on administrative issues involving driving privileges.

This hearing is a major opportunity for drivers to contest the DMV’s evidence and suspension decision. After all, failure to win the hearing can result in a license suspension or revocation for a period ranging from several months to multiple years, depending on the circumstances of the case. Legal representation often makes the difference between losing a license and successfully retaining full or partial driving privileges.

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Notice of Suspension or Revocation

After a DUI arrest, the officer usually provides the driver with a “Notice of Suspension or Revocation.” This notice serves as a temporary driver’s license, valid for 30 days, and also informs the individual of their right to request a DMV hearing. This notice acts as a precursor to the DMV’s administrative actions, which are separate from the criminal process.

Drivers have 10 days from the date of arrest to request a DMV hearing. Missing this strict deadline results in the automatic suspension of the driver’s license once the temporary license expires, as mandated under California Vehicle Code Section 13353.2.

While the administrative process addresses license suspension, criminal court proceedings for DUI charges proceed separately. Criminal penalties, including fines, probation, and potential jail time, are decided in court and do not directly determine the status of the person’s license.

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How to Request a DMV Hearing After a DUI Arrest

To request a hearing, the driver or their attorney must contact the DMV Driver Safety Office, either by phone or in writing. It is essential to confirm that the DMV has received the request to ensure the hearing is scheduled in writing (including email). If the hearing request is made on time, the DMV temporarily pauses the suspension until the outcome of the hearing is determined.

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What Happens During a DUI Administrative Hearing?

During the hearing, the hearing officer reviews several key issues, including:

  1. Whether the arresting officer had reasonable cause to believe the driver was under the influence.
  2. Whether the driver was lawfully detained or arrested.
  3. Whether the driver failed or refused to submit to a chemical test, as outlined in California Vehicle Code Section 23612.

Evidence at the hearing often includes the arresting officer’s sworn report, chemical test results, and any witness testimony or additional evidence presented by the driver. The driver or their attorney may challenge the evidence by questioning the arrest’s legality, the reliability of test results, or other procedural issues. At the end of the hearing, and not later, the hearing officer issues a decision. If the DMV’s case is upheld, the suspension or revocation takes effect as specified by law.

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Evidence Used in a DUI DMV Hearing

The evidence presented at a DUI DMV hearing plays a central role in determining the outcome. California Vehicle Code Section 13380 requires the arresting officer to submit a sworn report detailing the circumstances of the arrest, including observations, results of field sobriety tests, and chemical test outcomes. This report is a primary piece of evidence for the DMV.

Other evidence may include:

  • Chemical Test Results: Results from breath, blood, or urine tests showing blood alcohol concentration (BAC) levels. A BAC of 0.08% or higher violates California Vehicle Code Section 23152(b).
  • Preliminary Alcohol Screening (PAS) Test Results: While not definitive, these results may be introduced to support the officer’s observations.
  • Body or Dash Camera Footage: If available, this can provide visual evidence of the driver’s behavior or the arrest process.
  • Witness Testimony: Statements from the driver, passengers, or others who observed the stop and arrest.

The driver or their attorney may present evidence to challenge the DMV’s case, such as questioning the accuracy of the chemical tests, inconsistencies in the officer’s report, or errors in test administration. Cross-examination of the arresting officer or expert testimony may also help undermine the DMV’s evidence.

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How a Lawyer Can Help With a DUI DMV Hearing

Unlike a criminal court case, the DMV hearing involves unique procedures, and an experienced DUI lawyer understands how to challenge the DMV’s evidence effectively.

One way an attorney can assist is by scrutinizing the arrest report and chemical test results for errors or inconsistencies. For example, they may identify procedural mistakes in the administration of breath or blood tests, potentially violating Title 17 of the California Code of Regulations, which governs DUI testing standards. These errors can weaken the DMV’s case.

Additionally, DUI lawyers cross-examine witnesses, particularly the arresting officer. Through strategic questioning, they can uncover weaknesses in the officer’s observations or the legality of the traffic stop. An attorney may also present expert testimony to challenge the reliability of the testing equipment or argue that the driver’s actions were not consistent with impairment.

Finally, a DUI attorney ensures compliance with DMV deadlines and procedural rules.

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What Happens if You Lose Your DMV Hearing?

Losing a DMV hearing results in an administrative suspension or revocation of the driver’s license, with the duration determined by California Vehicle Code Section 13353.1. For a first offense, the suspension period is typically four months, or one year if the driver refused chemical testing. Repeat offenders face longer penalties, including two- or three-year revocations depending on prior violations.

Drivers who lose their hearing may still qualify for a restricted license under specific conditions. This may include enrolling in a DUI education program, providing proof of financial responsibility (SR-22 insurance), and, in some cases, installing an ignition interlock device (IID) under California Vehicle Code Section 13352. These measures allow limited driving privileges for essential activities, such as commuting to work or attending a treatment program.

Although the hearing’s outcome does not directly affect the criminal case, the suspension can have practical consequences, including higher insurance rates and a permanent mark on the driver’s record. Exploring options like appeals or restricted licenses can help mitigate the long-term impact.

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How a DMV Hearing Affects Your DUI Criminal Case

The DMV administrative hearing and criminal proceedings for a DUI are separate, but their outcomes can intersect. The DMV hearing focuses solely on whether driving privileges should be suspended under administrative law, while the criminal case determines guilt for DUI charges, such as violations of California Vehicle Code Sections 23152(a) or 23152(b).

The evidence presented in the DMV hearing may influence the criminal case. For instance, if the DMV hearing reveals flaws in the arresting officer’s testimony or procedural errors, this information can strengthen the defense in criminal court. Conversely, losing the hearing may signal challenges in contesting evidence, such as BAC results.

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What Are Your Options if You Lose the Hearing?

If a driver loses the DMV hearing, they still have options to mitigate the impact of the suspension. One option is to appeal the hearing officer’s decision. Appeals can be filed directly with the DMV for administrative review or through the Superior Court by filing a writ of mandate under California Vehicle Code Section 13559. This process examines whether the hearing decision was legally or procedurally flawed.

Alternatively, drivers may apply for a restricted license to regain limited driving privileges. Once the suspension period ends, drivers can reinstate their full license by completing any required programs, paying reinstatement fees, and submitting proof of insurance.

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Additional Resources

Driver Safety Administrative Hearings Process – This source from the California DMV provides information about administrative hearings related to driver safety. It explains the rights of drivers, the process for requesting a hearing, types of evidence that can be presented, and options for appealing decisions.

General DUI Information – This page from the Superior Court of California, County of San Diego, outlines DUI-related processes, including referrals to DUI programs and guidelines for license reinstatement. It provides resources for enrolling in programs and details on handling warrants or extensions.

ARTICLE 3. Suspension and Revocation by Department [13350 – 13392] – This section of the California Vehicle Code describes the laws governing the suspension and revocation of driving privileges. It details the offenses that lead to license suspension or revocation, the requirements for reinstatement, and the use of ignition interlock devices.

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Hire an Attorney for Administrative Hearings in San Diego County, CA

Attorney Michael Cindrich has decades of experience protecting clients in DUI cases, including representing them during administrative hearings. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City and La Mesa, and San Diego proper.

Contact Michael Cindrich right away for a free consultation at (619) 262-2500.

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