Do I need a hearing to get a restricted license to go to and from work?
No. A request for a restricted license cannot be considered at the DMV hearing.
You may apply for a restricted license to drive to and from work at any DMV field
office.
How is the DMV suspension or revocation for the DUI arrest different from the suspension
or revocation following my conviction in criminal court?
The DMV suspension or revocation is an administrative action taken against your
driving privilege only. The suspension or revocation following a conviction in court
is a mandatory action for which jail, fine, or other criminal penalty can be imposed.
I am scheduled to appear in court on the DUI charge. Is this similar to a DMV hearing?
No. The DMV 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 shall be deprived
of property without due process of law. Due process of law entitles you to a notice
of the action DMV intends to 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 discussed:
If you took a blood or breath or (if applicable) a urine test:
1. 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?
2. Were you placed under lawful arrest?
3. 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:
1. 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?
2. Were you placed under lawful arrest?
3. 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?
4. 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?
Am I obligated to have a DMV hearing?
No. Your are not required to request a DMV 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 DUI arrest. The Court trial deals with
whether you are innocent or guilty of a criminal act.