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Being arrested for a DUI in San Jose can have serious consequences, including jail time and/or probation. In fact, more than 75% of people arrested for DUIs in California do spend at least some time in jail. However, criminal charges aren’t the only concern following a DUI arrest. As well as navigating the criminal system, you’ll need to consider whether to apply for a DMV hearing to try and prevent your license being suspended or revoked.
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According to the latest statistics, more than 124,000 people were arrested for DUI offences in California over the course of a year, with over 4,000 of these arrests taking place in Santa Clara County, and subsequent conviction rates routinely exceed 70%, which highlights just how many people incur penalties due to driving under the influence.
Despite this, many people are unaware that a police officer can confiscate your license when you’re arrested for driving under the influence or that you’re entitled to request a DMV hearing to prevent this from happening.
What Is a DMV Hearing?
The Department of Motor Vehicles (DMV) is responsible for issuing, suspending and revoking driving licenses and I.D. cards, with more than 34 million being issued in California alone. If you’re arrested for a DUI, the DMV will be notified that so that administrative action, such as a suspension, can be taken.
A DMV hearing isn’t a criminal process, and it doesn’t take place in a court of law. Instead, the hearing is held at DMV offices and heard by a Driving Safety (DS) Hearing Officer. However, don’t be fooled into thinking that a DMV hearing isn’t serious; the outcome of the hearing will determine whether your license is reinstated, suspended and/or revoked, so it’s vital to ensure you’re well-prepared and properly represented.
What Happens at a DMV Hearing?
A DMV hearing is designed to enable an impartial person to give ‘full and fair consideration of the facts. To facilitate this, you can testify on your own behalf, present evidence, subpoena documents and/or witnesses, cross-examine opposing witnesses and review any evidence that is presented against you.
As you can see, a significant amount of preparatory work may be required prior to a DMV hearing to increase your chances of retaining your driving license. You may need to request documents that you want to bring forward as evidence, for example, or apply for a copy of the DMV’s evidence against you.
You won’t be told the outcome of the DMV hearing straight away, as the DS Hearing Officer will need time to consider their decision. Instead, you’ll be notified of the outcome in writing in the days or weeks following the hearing.
Do You Need a DUI Attorney for a DUI Hearing?
You aren’t required to be represented by a DUI attorney at a DUI hearing, but it is advisable. With legal counsel on your side, you can ensure that your case is presented appropriately and that all relevant evidence is put before the hearing officer. Furthermore, a DUI attorney will be able to examine both the substantive and procedural aspects of your arrest and petition for the charges against you to be dismissed, thus ensuring any license suspensions or revocations are set aside.
As well as providing advice and assistance prior to a DMV hearing, and representation at the hearing itself, a DUI attorney can also work on your behalf to mitigate the impact of any criminal charges which are issued against your following your DUI arrest.
Although strict penalties can flow from a DUI arrest and DMV hearing, working with a DUI attorney can be the fastest and most effective way to resolve the situation and achieve an optimal outcome.
