D.M.V. Hearings

Reminder!
A request for a D.M.V. Hearing must be made within 10 days of your arrest, or your driver's license will be suspended/revoked 30 days from the date of arrest.

Issues at the D.M.V. Hearing are:

If a chemical test (blood, breath, or urine) was taken, the issues are:

1. Did the officer have reasonable cause to believe that the accused was driving a motor vehicle in violation of the drunk driving laws (Vehicle Code sections 23152 or 23153)?
2. Was the accused lawfully arrested?
3. Was the accused driving a motor vehicle when he or she had .08 percent or more, by weight, of alcohol in his blood?

If a chemical test was not taken (a refusal), the issues are:

1. Did the officer have reasonable cause to believe that the accused was driving a motor vehicle in violation of the drunk driving laws (Vehicle Code sections 23152 or 23153)?
2. Was the accused lawfully arrested?
3. Was the accused told that their driving privilege would be suspended for one year, or revoked for two or three years, if they refused to submit to, or failed to complete, a chemical test?
4. Did the accused refuse to submit to, or fail to complete, a chemical test after being requested to do so by a peace officer?

At the hearing, the California D.M.V. has the burden of proof as to all the issues. A California criminal defense attorney experienced with D.M.V. hearings may be able to save your license from being suspended. You are welcome to call us anytime to discuss your case and the ways that we can help you.