DMV Hearings After a DUI

DMV Hearings After a DUI Arrest in California

If you've been arrested for a DUI in California, you're facing two separate legal battles - one in criminal court and one with the California Department of Motor Vehicles (DMV). The DMV hearing determines whether your driver's license will be suspended or revoked, and you only have 10 days from the date of your arrest to request a DMV hearing.

At Walia Law Firm, our experienced California DUI defense attorneys represent clients throughout the Bay Area, including San Jose, Fremont, Hayward, Oakland, and San Francisco, in both court proceedings and DMV administrative hearings. We understand the nuances of DMV procedures, chemical test evidence, and DUI laws, ensuring the best possible chance to protect your driving privileges.

What Is a DMV Hearing?

A DMV hearing (also called an Administrative Per Se hearing) is an administrative process separate from your criminal DUI case. It's conducted by a DMV hearing officer - not a judge - to determine whether your license should be suspended after a DUI arrest.

This hearing focuses on whether:

• The arresting officer had reasonable cause to believe you were driving under the influence.
• You were lawfully arrested.
• You had a blood alcohol concentration (BAC) of 0.08% or higher (0.04% for commercial drivers, or 0.01% if you're under 21).

Why You Need a California DUI Lawyer for Your DMV Hearing

Many people make the mistake of thinking the DMV hearing is informal or unimportant - it's not. Winning at the DMV can mean the difference between keeping your license or losing it for months (or years).

Our Bay Area DUI defense team will:

• Request and schedule your DMV hearing within the 10-day window.
• Challenge the evidence, including breath or blood test results.
• Cross-examine the arresting officer on police procedures.
• Identify errors in chemical testing or probable cause.
• Argue for reinstatement or restricted driving privileges if suspension cannot be avoided.

We've helped hundreds of drivers - including Uber/Lyft drivers, commercial truck drivers, and repeat DUI offenders - retain their driving rights and minimize penalties.

DMV Hearing Outcomes and Consequences

If you win your DMV hearing, your driver's license will not be suspended (unless the court imposes a separate suspension).

If you lose, the DMV will impose the following penalties depending on your case type:

Our California DMV defense lawyers will help you explore every legal option - including restricted license applications and appeals - to keep you on the road.

What Happens After a Chemical Test Refusal?

Refusals carry some of the harshest DMV penalties because there is no option for a restricted license. We examine whether you were properly advised about consequences, if the officer offered an alternative test, and whether medical issues interfered. These details strengthen both the DMV hearing and any court sentencing arguments.

The 10-Day Rule: Time Is Critical

Many people don't realize how quickly they need to act. The 10-day countdown starts immediately after your arrest, not after you're released from jail or when you receive court paperwork. This is why it's crucial to contact an experienced DUI attorney immediately after your arrest.

Local Experience Matters

The Walia Law Firm has represented drivers at DMV Driver Safety Offices across Northern California, including:

• Oakland Driver Safety Office
• San Francisco Driver Safety Office
• San Jose Driver Safety Office
• Santa Rosa Driver Safety Office

Having an attorney familiar with local hearing officers and regional practices can make a significant difference in your outcome.

Your Rights During the Hearing

A DMV hearing resembles a mini-trial. After the hearing officer outlines the grounds for action, you have the right to:

• Be represented by a DUI defense attorney
• Review and challenge the DMV’s evidence
• Present witnesses and testimony supporting your defense
• Cross-examine any witnesses the department calls
• Receive a written decision, request an internal review, and appeal to Superior Court if necessary

We dig into breath and blood test records, calibration logs, officer reports, and videos to expose flaws. Even when criminal courts later dismiss charges, preserving your license through the DMV process avoids months of hardship.

What the Hearing Officer Considers

In most alcohol-related cases, the DMV focuses on three questions:

• Did the officer have reasonable cause to believe you were driving under the influence?
• Was the arrest lawful?
• Did a chemical test show a BAC of 0.08% or higher? (Or did you unlawfully refuse the test?)

Drug and refusal cases involve additional issues, such as whether you were advised of the consequences for declining testing. By attacking the weakest elements-probable cause, testing procedures, or documentation-we fight to set aside the suspension.

Coordinating DMV and Criminal Court Strategies

Results in the DMV hearing and criminal court can differ. You may win one and lose the other. That’s why our firm coordinates both arenas, using testimony gathered in DMV hearings to challenge the criminal case and vice versa. Every opportunity to weaken the prosecution is leveraged across both fronts.

Remember: the DMV can still suspend your license even if the criminal charges are dismissed. Likewise, a win at the hearing does not guarantee success in court. You need a strategy that treats both venues as critical to your freedom and mobility.