What is a California DMV Hearing?
The California DMV DUI Hearing is an administrative hearing that usually takes place at the Sacramento driver safety office located at 4700 Broadway, 2nd Floor Sacramento, CA 95820. The purpose of the Sacramento DMV hearing is to determine only a person's driving priveledges and the circumstances surrounding the arrest. This hearing does not address whether a person arrested for DUI in Norther California is guilty or innocent of a crime.
This DMV DUI hearing will only address the following subjects regarding a DUI arrest:
- Did the peace officer have reasonable cause to believe the person charged with DUI was operating a vehicle under the influence and in violation of California drunk driving laws (Vehicle Code Section 23140 , 23152 , or 23153) ?
- Was the person charged with California DUI placed under lawful arrest?
- Did the person arrested for DWI have at least 0.08% blood alcohol level?
If an individual who was arrested for a California DWI was charged with refusing a DUI breathalyzer, DUI blood test or (if applicable) a DUI urine test the DMV DUI hearing will address the following questions:
- Did the police officer have reasonable cause to believe that the person arrested for DUI was driving a vehicle in violation of California DUI law (Vehicle Code Section 23140 , 23152 , or, 23153) ?
- Was the person arrested for the Califonia DWI placed under lawful arrest?
- Was the person arrested for DUI told that if they refused a DUI chemical (or failed to complete a DWI chemical test) their driving privilege would be suspended for one year or revoked for two or three years?
- Did an individual charged with DUI refuse a DUI chemical test (or fail to complete a DUI chemical test) after being requested to do so by a police officer?
If an individual arrested for DUI loses the DMV DUI hearing, their license will be suspended. If the person wins the case, the DUI license suspension will not take place.
Is there a difference between a DUI DMV hearing and a DUI court trial?
The DUI DMV hearing and the DUI court trial are separate proceedings with completely different objectives. As is discussed above, the DUI DMV hearing only addresses whether or not a person arrested for DUI will be subject to a DUI license suspension. The actual DUI court proceedings determine whether or not a person arrested for DUI is actually guilty of DUI and in violation of California drunk driving laws (Vehicle Code Section 23140 , 23152 , or, 23153).
Though they are separate and distinct proceedings, the DUI DMV hearing and the normal DWI court trial are inherently linked. This is the main reason that a person arrested for California DUI should have a great DUI attorney at both their DUI DMV hearing and regular court trial. The result of the DUI DMV hearing can have a clear effect on the outcome of the DUI criminal proceedings and if a person has the DUI charges dropped or reduced in the court trial, they will need to a DUI attorney to argue their case to get driving privileges back from the DMV. Just because a person has their California DUI charges dropped or reduced in the criminal hearing, they do not automatically get their DMV DUI license suspension reversed.