What Happens During a California DMV Hearing

The California DMV Administrative Hearing Process

When arrested for DUI in California, you face two separate proceedings: criminal court and the DMV administrative hearing. Understanding both is important for protecting your driving privileges.

What is an Administrative Per Se Hearing?

This is a civil proceeding where the DMV determines whether to suspend your driver's license based on your arrest, separate from guilt or innocence in criminal court. The hearing typically occurs within 30 days of your arrest.

What You Need to Know:

• Timeline: You generally have 10 days from receiving your notice to request a hearing
• Burden of proof: The DMV must prove you refused testing or had a BAC over the legal limit under the applicable standard
• Possible outcomes: License suspension, restricted license, or reinstatement
• Appeals: You can appeal an unfavorable decision within the applicable deadline

Common Defense Issues:

• Challenging the legality of the traffic stop
• Questioning probable cause for the arrest
• Attacking the accuracy of breathalyzer results
• Medical conditions that may have affected results
• Improper calibration or operation of equipment

DMV hearings are separate from criminal court. Contact Legal Lion promptly after a DUI arrest so critical deadlines are not missed.