Understanding the California DMV Hearing After a DUI Arrest

After a DUI arrest in California, many people are surprised to learn that there are actually two separate cases to handle — one with the criminal court and another with the Department of Motor Vehicles (DMV). These are independent processes, each with its own rules and consequences.

While the court determines guilt or innocence and potential penalties, the DMV decides whether your driver’s license will be suspended. This means that even if your criminal case is dismissed, your license can still be suspended unless you take timely action.

At the Law Offices of David A. Simon, we help individuals in San Diego navigate the DMV hearing process, protect their right to drive, and avoid automatic license suspensions.

What Is the DMV Hearing?

The DMV hearing is an administrative proceeding that focuses on your driving privileges. It is completely separate from your criminal DUI case and is handled by the California Department of Motor Vehicles, not the court.

This hearing gives you the opportunity to challenge the potential suspension of your driver’s license following a DUI arrest. It is your one chance to present evidence, question the arresting officer, and show why your license should not be suspended.

You must request this hearing within ten days of your arrest. Missing this deadline almost always leads to an automatic suspension, regardless of what happens in your court case.

The Law Offices of David A. Simon assists clients in requesting their DMV hearing promptly and prepares the necessary documentation to protect their rights from the very beginning.

The 10-Day Deadline: Why Timing Matters

When you are arrested for DUI, the arresting officer usually takes your physical driver’s license and issues a temporary one that is valid for 30 days. The clock starts immediately.

You have just ten calendar days to contact the DMV and request a hearing. If you do not act in time, your license will automatically be suspended when the 30-day temporary license expires.

Attorney David Simon understands how important this short window is. Acting quickly allows time to prepare your defense and challenge the suspension before it takes effect.

What Happens During a DMV Hearing?

DMV hearings are typically conducted in person or by phone at a local Driver Safety Office. While less formal than a courtroom trial, they are still serious proceedings that can determine your ability to drive.

During the hearing, the DMV hearing officer reviews several key issues, including:

• Whether the officer had reasonable cause to believe you were driving under the influence
• Whether you were lawfully arrested
• Whether your blood alcohol concentration (BAC) was 0.08% or higher at the time of driving

You and your attorney may present evidence, call witnesses, and challenge the reliability of the tests used to determine impairment. This can include questioning the accuracy of the testing device or the legality of the traffic stop.

The Law Offices of David A. Simon represents clients throughout the entire process, ensuring that all evidence is reviewed and that your rights are protected from start to finish.

Possible Outcomes of a DMV Hearing

After reviewing the evidence, the hearing officer will make one of two decisions:

1. Set aside the suspension, meaning your license will not be suspended.
2. Uphold the suspension, meaning your license will remain suspended for a specified period.

Even if your license is suspended, you may qualify for a restricted license that allows you to drive to work, school, or court-ordered programs. The Law Offices of David A. Simon can help you apply for these privileges and guide you through reinstatement once your suspension period ends.

Why Legal Representation at a DMV Hearing Matters

Although a DMV hearing is separate from the criminal case, the outcome can still have a significant impact on your life. Losing your license can make it difficult to commute, work, and care for your family.

Having an attorney represent you during the DMV process can make a major difference. A lawyer can challenge test results, cross-examine witnesses, and identify procedural errors that could lead to a more favorable outcome.

At the Law Offices of David A. Simon, we handle every stage of the process, from scheduling the hearing on time to preparing evidence and advocating for your driving privileges.

Protecting Your License After a DUI Arrest

The time immediately following a DUI arrest is critical. Acting quickly can prevent an automatic suspension and give your attorney the chance to prepare a strong defense.

The Law Offices of David A. Simon provides guidance to San Diego residents facing DUI-related license suspensions. From requesting your hearing to challenging evidence, our firm is dedicated to protecting your driving rights and helping you move forward.

If you’ve been arrested for DUI in San Diego, don’t wait to take action.
Call the Law Offices of David A. Simon at 619-393-3355 or visit www.davidsimonattorney.com to schedule a confidential consultation.