In addition to the criminal case, a DUI also creates a civil case.  That civil case is an administrative law case that is heard before the Department of Motor Vehicles (DMV).  You have the right to a hearing before a hearing officer regarding the suspension of your driving privileges provided that the request for a DMV hearing was made within 10 days of the arrest.

What many clients find confusing is that they do not understand that these are separate cases.  It is possible to win the DMV case and loose the criminal case.  It is also possible to win the criminal case and loose the DMV case.  However, sometimes evidence collected for the DMV hearing can be used to get a reduction of charges in the criminal case.

A not guilty verdict or a reduction of charges usually gives you a new right to a hearing before DMV.

The administrative licenses suspension begins when the officer takes your license away from you and you are given a pink piece of paper.  The officer will usually, but not always check the box for the reason for taking your license.  Most commonly, the reason given is the officer’s belief that you were either driving with a BAC level of .08, you refused a chemical test, or there was a forced blood draw.

At the DMV hearing the issues are as follows:

1. Did the officer have reasonable cause to believe you were driving a   motor   vehiclewhile having a BAC of .08 or above

2. Was the arrest or detention lawful?

3. Did you refuse to take a chemical test?

There are additional issues if you were under the age of 21 when you were stopped for DUI.

It is important to be realistic about your chances of prevailing at the DMV.  It can be done, but is difficult.  The reason for this is that the DMV hearing officer is both a Judge and also advocates for your suspension.  This is a unique situation where the hearing officer is both Judge and Prosecutor. 

DMV hearings should not be dismissed out of hand.  I have obtained dismissals and charge reductions as a result of testimony and other facts that were uncovered at the DMV hearing.  If the officer is called to testify at the DMV hearing, it is an opportunity to question the officer without the officer being prepared by the prosecutor.