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California DMV Hearings FAQ

DMV Hearings FAQ

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. Also, a public defender cannot appear for you at a DMV hearing. This is one of the benefits of hiring the attorneys at Wallin & Klarich. We can appear for you at the DMV hearing and represent you in your DUI case.

What does the DMV review during a DMV hearing?

The DMV hearing does not determine whether you are guilty or innocent of drunk driving. The DMV hearing determines whether your license will be suspended. The DMV will determine if:

  • A blood, breath, or urine test was taken,
  • The police officer had reasonable cause to believe you were driving a motor vehicle in violation of California Vehicle Code Section 23140, 23152, or 23153.
  • You were placed under lawful arrest
  • Your BAC was 0.08% or higher.

If the DMV makes a determination that all of the listed above were to be true, then your driving privileges will be suspended.

If you refused or failed to complete a blood, breath, or urine test, the DMV will determine if:

  • The police officer had reasonable cause to believe you were driving a motor vehicle in violation of California Vehicle Code Section 23140, 23152, or 23153.
  • You were placed under lawful arrest
  • You were told that if you refused to submit to or failed to complete a test of your blood, breath, or urine, your driving privilege would be suspended for one year or revoked for two or three years
  • You refused 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 police officer.

If the DMV makes a determination that all of the listed above were to be true, then your driving privileges will be suspended.

What if I won my DUI case in court, do I get my license back?

When you have been acquitted of DUI charges in court, you will receive your license back. You must show proof to the DMV that you were acquitted.

My drivers license was suspended after the DMV hearing, but my DUI was reduced to a reckless driving. Do I get my license back?

The DMV will not give you your license back if you received a reduced charge for your DUI. Your license will remain suspended for the period imposed.

My drivers license was suspended after the DMV hearing, but the DUI charges were dismissed in court or the prosecution decided not to file a DUI charge against me. Do I get my license back?

Not necessarily. Current California 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 the prosecutor due to lack of evidence, or filed, but later dismissed by the court because of insufficient evidence. This is why it is important to speak with an experienced Wallin & Klarich traffic attorney.

I was convicted in court of the DUI charge, but the judge said I could get a restricted license. How do I obtain this restricted license?

You can get a restricted license if you have a non-commercial drivers license and you show proof of enrollment in a driving-under-the-influence program, file proof of financial responsibility, and pay a $125 reissue fee. The DMV will not issue a restricted license until 30 days after the start of your suspension.