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.
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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).
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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:
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?
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Am I obligated
to have a DMV hearing?
No. Your are not required to request
a DMV hearing.
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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.
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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 DMV that the
court decision does, in fact, equal an acquittal.
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The suspension
of my driving privilege was sustained following my DMV
hearing, but the DUI charge was reduced in criminal
court to reckless driving. Do I get my license back?
No. A reduction of a DUI charge to
reckless driving in the criminal court is separated
and/or independent from the administrative proceeding,
and does not affect the driving privilege suspension.
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The suspension of
my driving privilege was sustained following my DMV
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. Current law may permit
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
insufficient evidence.
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I was convicted
in court of the DUI charge, but the judge said I could
get a restricted license. How do I obtain this restriction?
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 remains at $100 if you were under age 21 and were
suspended under the Zero Tolerance Law pursuant to Vehicle
Code §§23136, 13353.1, 13388, 13392.
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How can I find
a Driving Under the Influence (DUI) Program as ordered
by the court?
This link will take you to a DUI
Program Directory of Service Providers.
Note: You need Adobe
Acrobat Reader to view/print this publication.
If you have a commercial driver license
and you were not operating a commercial vehicle at the
time of 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 remains at $100 if
you were under age 21 and were suspended under the Zero
Tolerance Law pursuant to Vehicle Code §§23136,
13353.1, 13388, 13392.
Any driver with a second DUI offense
within 7 years may submit 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 type of restricted license.
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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 DMV hearing officer can only
set aside the administrative action against your driving
privilege. This decision is separate and/or independent
from any criminal charge, sanction, penalty, or decision.
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