California DMV FAQ
I am scheduled to appear in court on the DUI charge. Is this similar to a DMV hearing?
No. The California DMV DUI hearing is an administrative proceeding regarding the suspension or revocation of your driving privilege only.
Why does DMV offer the right to a hearing if I am already scheduled to appear in court for the DUI charge?
Both our State and Federal Constitutions provide that no person will be deprived of property without due process of law. Due process of law entitles you to a notice of the action California DMV DUI will take against your driving privilege and an opportunity to be heard (hearing).
How is the DMV hearing different from the court trial for DUI?
The DMV hearing is an administrative proceeding regarding your driving privilege and the circumstances surrounding the arrest, not whether you are innocent or guilty of a criminal act. Only the following issues will be talked about:
If you took a blood or breath or a urine test:
- Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of California Vehicle Code Section 23140 , 23152 , or 23153?
- Were you placed under lawful arrest?
- Were you driving a motor vehicle when you had 0.08% or more by weight of alcohol in your blood – BAC?
If you refused or didn't finish a blood, breath test, or (if applicable) a urine test:
- Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140 , 23152 , or, 23153?
- Were you placed under lawful arrest?
- Were you told that if you refused to give to or did not finish a test of your blood, breath, or (when applicable) urine, your driving privilege would be suspended for one year or revoked for two or three years?
- Did you refuse to give to or did not finish a blood or breath test, or (if applicable) a urine test after being requested to do so by a peace officer?
Remember this is only an administrative proceeding, you will still need a criminal case in a California Court.
Am I bound to have a DMV hearing?
No. Your are not needed to request a California DMV DUI hearing.
Does the DMV hearing substitute for the court trial?
No. The DMV hearing and court trial are independent of each other. The DMV hearing deals with the circumstances surrounding a CA DUI arrest. The Court trial deals with whether you are innocent or guilty of a criminal act.
The suspension of my driving privilege was sustained following my DMV hearing, but I was found not guilty of the DUI charge in criminal court. Do I get my license back?
When a driver has been acquitted of DUI charges in court, a suspension or revocation will be reversed if it is determined by the California DMV DUI that the court decision does, in fact, equal an acquittal.
The suspension of my driving privilege was sustained following my DMV hearing, but the DUI charge was cut in criminal court to reckless driving. Do I get my license back?
No. A cut of a DUI charge to reckless driving in the criminal court is separated and/or independent of the administrative proceeding, and does not affect the driving privilege suspension.
The suspension of my driving privilege was sustained following my California DMV DUI hearing, but the DUI charges were dismissed in the criminal court or the district attorney decided not to file a DUI charge against me. Do I get my license back?
Not necessarily. California DUI Law may allow a driver a renewed right to a hearing within one year of the arrest date when a DUI charge is dismissed or not filed by a District Attorney due to lack of evidence, or filed, but later dismissed by the court because of not enough evidence.
I was convicted in court of the DUI charge, but the judge said I could get a restricted license. How do I receive this limit?
If you have a non-commercial driver license and you show proof of enrollment in a DUI treatment program, file proof of financial responsibility and pay (on or after January 1, 2003) a $125 reissue fee after a mandatory 30-day suspension, you may request a restricted license to drive to and from the DUI treatment program and/or to, from, and during work. The reissue fee stays at $100 if you were under age 21 and were suspended under the Zero Tolerance Law according to Vehicle Code §23136, 13353.1, 13388, 13392. A California DUI Attorney can help explain these laws to you.
How can I find a Driving Under the Influence Program as ordered by the court?
If you have a commercial driver license and you were not working a commercial vehicle during the offense and pay (on or after January 1, 2003) a $125 reissue fee after a mandatory 30-day suspension, you may request a restricted license to drive to, from, and during work. The reissue fee stays at $100 if you were under age 21 and were suspended under the Zero Tolerance Law according to Vehicle Code §23136, 13353.1, 13388, 13392.
Any driver with a second DUI In California offense within 7 years may send proof of enrollment in a DUI treatment program, proof of financial responsibility and pay a $100.00 reissue fee one year after the effective date of the suspension to drive to and from an alcohol program and to, from, and during work.
Any driver with a third or subsequent DUI offense within 7 years is not entitled to apply for any restricted license.
I had a DMV hearing and the hearing officer set aside the suspension and let me keep my license. Does this have any effect on what happens to the DUI charge in criminal court?
No. The California DMV DUI hearing officer can only set aside the administrative action against your driving privilege. This decision is separate and/or independent of any criminal charge, sanction, penalty, or decision.
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