DMV Administrative Hearings
Bakersfield DUI Attorneys Providing Legal Counsel
After being arrested for driving under the influence (DUI), the law enforcement agency will not be the only ones concerned with
penalizing you for your alleged crime. The California Department of Motor
Vehicles (DMV) will also use discretionary and disciplinary actions.
DMV administrative punishments can include:
- License suspension
- License revocation
- Driver’s safety training courses
Before the DMV is allowed to dole out its punishments, you have
10 days to request a driver safety administrative hearing, or just a DMV hearing
as most people call it. Similar to a criminal trial, this will be your
first, and possibly your only, opportunity to review the evidence against
you and challenge the claims of the opposition. Make certain you are ready
for it by partnering up with Campbell Whitten and our Bakersfield DUI
You can use a DUI case evaluation form
to let us know what happened. Fill one out today.
About Your DMV Hearing
If you took the initiative to request your DMV hearing before that brief
10 day window of opportunity closed, it should be scheduled shortly. If
you miss the date set, it will not be rescheduled, the DMV can act as
if you presented no defense or argument, and you will be at the mercy
of their discretion. If you do show up, the hearing will be tape recorded
and done in the presence of a Driver Safety Hearing Officer of the DMV.
Note: You may schedule your DMV hearing to take place over the phone. While
this may seem more convenient, it can be more difficult to defend yourself
as you will not have direct access to physical evidence the DMV presents.
Always check with your DUI lawyer before agreeing to a telephone DMV administrative hearing.
DMV Hearing Processes
Due to the fact that the DMV hearing is not a criminal trial, you will
not be provided an attorney on California’s bill, but you can retain
one for yourself. This is highly encouraged since the hearing can feel
and operate like a trial, and an insightful knowledge of the law and litigation
is always an advantage.
During the DMV hearing, you can expect to:
- Be informed of the action the DMV intends to use against you.
- Review any evidence the DMV is using to validate its proposed action.
- Present your own evidence or witness testimonies.
- Move for the modification or total removal of the DMV’s action.
If the hearing concludes not in your favor, do not lose hope. You still
have the opportunity to request a further administrative review of the
hearing council’s decision. If you do not have faith that they will
review it appropriately, you can even go up the ladder and request that
a superior, appellate court reappraise the decision.
Take the Initiative
The DMV might not be trying to fine you in high amounts or send you to
county jail but their punishment, the removal of your driving privilege
for months or years, can be just as devastating. The best way to defend
yourself may be to take action as soon as possible.
Contact our DUI attorneys in Bakersfield today to learn more about our cutting-edge and comprehensive
legal strategies for DMV hearings, DUI criminal case, and whatever other
troubles come your way.