DMV Administrative Hearings vs. Criminal Court Trials for a DUI Arrest

A criminal court trial is very different from a DMV hearing. The former determines if you were in violation of California’s vehicle code, such as driving under the influence or driving with a blood alcohol content (BAC) that was over the legal limit of 0.08%. If another party was injured as a result of your driving under the influence, that will also be addressed in the criminal court trial.

The court proceeding also determines your consequences if you are found guilty and have a DUI conviction. As mentioned above, you may have to pay fines or serve time in jail or prison. You might also have to attend DUI school or pay restitution to someone you injured while driving under the influence.

In contrast, a DMV hearing is strictly about your driving privileges and whether or not you may continue to hold a driver’s license. It also pertains to the circumstances of your arrest. The following points are discussed:

• Did you take a blood, breath, or urine test to determine the amount of alcohol in your body?
• Did you refuse to take a blood, breath or urine test?
• Were you informed that if you refused to take a blood, breath, or urine test, you might lose your driving privileges?
• Did the law enforcement officer who stopped you have reasonable cause to believe you were in violation of the California Vehicle Code pertaining to driving under the influence?
• Were you placed under lawful arrest?
• Were you detained while on DUI probation?
• Were you operating a motor vehicle at a time you had 0.08% or more by weight of alcohol in your blood?

How Can I Win at My DUI DMV Hearing?

While you may represent yourself at your hearing, it is better to be represented by a DUI attorney who can make sure your rights are protected, answer any questions about the process, and make sure every strategy is employed to retain your license.

To win at your DMV administrative hearing, you must come out ahead in one of three areas:

• Reasonable cause of vehicle code violation(s)
• Lawful arrest
• Blood alcohol content

Within those broad categories, there are ways to win at your hearing, such as (but not limited to):

• You were not at or over a 0.08% blood alcohol content when you were driving.
• Proper procedure was not followed with breath or blood tests.
• The officer was not properly trained or qualified to administer your breath test.
• The officer had no right to pull you over.
• There were mistakes in the police report or the Officer’s Statement DMV form.

It’s generally not easy to win this type of hearing, and less than 10 percent of people do. Working with a DUI lawyer can make sure you leave no stone unturned to try to keep your license.

What Happens If I Lose My DMV DUI Hearing?

Occasionally, there are circumstances that allow you to keep your driver’s license even if you lose your DMV hearing. Plea bargains or winning at your court trial, for example, might persuade the DMV to restore your driving privileges. Typically, though, you can expect some sort of license suspension, based on your history of DUIs as outlined below.

Driver’s license suspension for first-offense DUI

You will not be able to drive for six to 10 months after you lose your hearing. After a month, you may be able to convert the suspension to a restricted license that allows you to drive to and from work and DUI school. To do this, you must:

• Enroll in California DUI school
• Submit an SR-22 insurance form
• Pay a reinstatement fee of $125

If you refused to take a blood alcohol test, or if you injured another party during your DUI, the DMV may suspend your license for a year.

In some first offense cases, you can forgo restricted driving and drive without limitation if you install an ID (ignition interlock device) in your vehicle for four months, which requires you to give a breath sample before the vehicle will start.