California DMV

When a person is arrested for driving under the influence the arresting officer submits paperwork to the California Department of Motor Vehicles Driver’s Safety Office for the initiation of suspension proceedings. If nothing is done the arrested person’s driver’s license is automatically suspended at the expiration of the temporary license provided by the arresting officer at the time of arrest. The arrested person has ten (10) days to contact the Department of Motor Vehicles to request a stay of the suspension and an administrative hearing.

The Administrative Hearing is conducted by a Department of Motor Vehicles Hearing Officer. At the hearing the hearing officers reviews and admits the police officers reports and other documents provided by the arresting officer. The hearing officer must make findings as to several facts.

If you took a blood or breath 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 driving a motor vehicle when you had 0.08% or more by weight of alcohol in your blood?
If you refused or failed to complete 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 submit to or failed to complete 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 submit to or failed to complete a blood or breath test, or (if applicable) a urine test after being requested to do so by a peace officer?

At the hearing the Licensee (the person arrested for driving under the influence) can present witnesses and additional evidence. The Licensee can subpoena the arresting officer to testify at the hearing. In addition, the Licensee can also call expert witnesses such as toxicologists to dispute the blood toxicology reports or other witnesses that can provided relevant information regarding any of the matters at issue at the Department of Motor Vehicle Administrative hearing.

The Department of Motor Vehicle Administrative Hearing is a critical part of the Driving Under the Influence defense. First the hearing can prevent the suspension of the Licensee’s driving privilege. In addition to being successful at the hearing, the hearing can serve as an opportunity to obtain information to further the defense of the Driving Under the Influence charges in court. Therefore, if a person is arrested for driving under the influence it is imperative that they contact a qualified and competent attorney to represent them at the Department of Motor Vehicles Hearing and in court.

When a person is arrested for driving under the influence the arresting officer submits paperwork to the California Department of Motor Vehicles Driver’s Safety Office for the initiation of suspension proceedings.