What happens at the DMV hearing?
A hearing officer will conduct the hearing just like a prosecutor would in a criminal case, but the officer also makes the final decision based on the evidence presented. It will not matter that you need to drive for work or because of a medical or educational need (unless you are under age 21). You may represent yourself or hire an attorney to represent you, just as in a criminal case.
First of all, the DMV hearing and any penalties imposed upon you are separate and apart from any the court will impose. The California DMV does have the power to suspend, revoke, restrict your driving privileges, and require you to attend alcohol classes in order for you to get your driving privileges reinstated. The DMV hearing is your only opportunity to fight for your right to drive in the State of California. During the hearing, a hearing officer will review all of the evidence presented and make a determination. If this is your first San Francisco drunk-driving offense and your license has not previously been suspended, generally the DMV will only suspend your driver’s license for four months. If this is your second or more DUI offense within a 10-year period, then you are facing anywhere from a one year suspension or possible revocation of your driving privileges. Note that in some instances, first and even second and third DUI offenders may be able to obtain a restricted driver’
Related Questions
- If I have a DMV hearing and the hearing officer sets aside the suspension and lets me keep my license. Does this have any effect on what happens to the DUI charge in criminal court?
- 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?
- What happens at the DMV hearing?
