What Is A DMV Hearing?
You, or your DUI lawyer, must request a DMV hearing after a DUI or face an automatic suspension. This hearing must be requested within 10 day of your DUI arrest by you or your DUI attorney. Otherwise, a DUI suspension will automatically begin 30 days after your DUI arrest. The purpose of the hearing is to determine whether were lawfully stopped, lawfully arrested, and whether your blood-alcohol content was 0.08% at the time of driving. If a DMV hearing officer determines that these issues can be proved by a preponderance of the evidence, then the DMV will issue a suspension. Needless to say, it is very difficult to win a DMV hearing and we DUI attorneys rarely do win them.
Why Do I Need A Hearing?
There are three important reasons for your DUI attorney to request a DMV hearing. First, the hearing is usually scheduled for some time months down the road. During this time, you can continue to drive with your full driving privileges. This will allow you to prepare for the likely upcoming suspension. You will need to do several things in advance of the suspension so you can keep driving right through the suspension period. These things include enrolling in an alcohol program and installing an Ignition Interlock Device in your car. You will need time to do these things and setting a DMV hearing will give you that time.
Second, the hearing offers your DUI lawyer a golden opportunity to gather evidence outside of the court process. This includes cross-examining the police officer at the DMV hearing without a Deputy District Attorney there to object to your DUI lawyer’s questions. Your DUI attorney gets a “free run” at the cop who arrested you. Your DUI lawyer can also subpoena evidence without the DA also getting that same evidence.
Third, your DUI attorney may just win the hearing. If your DUI lawyer wins at the DMV, you can avoid any suspension as long as you avoid a conviction for DUI in court.
Do I Need To Go To The Hearing?
Typically, your DUI lawyer can handle the hearing without you being there. In most cases, your testimony is not needed at the DMV hearing. And even if your DUI lawyer wants you to testify, you have the option of testifying by phone.
Free Telephonic Consultation With An Experienced DUI Attorney
We offer a free, no-obligation telephonic consultation and case review. Call us today at (949) 278-6353 for your consultation. Mr. Stopyro will be happy to explain the court and DMV process and help you explore your options.