The DMV Hearing is conducted to determine if there is sufficient evidence to suspend your license for four months. Without a hearing, your license is automatically suspended.
The DMV Hearing is held at one of the DMV Field Safety Offices in front of a Hearing Officer who is an employee of the DMV – the same person who prepares your suspension. It can be conducted either in person or telephonically. We prefer to do so in person.
We will make this appearance for you.
Important: A Public Defender CANNOT represent you at the DMV hearing. Without a seasoned, skilled DUI Lawyer to stand with YOU at the DMV hearing, you will lose your license because there is not even the appearance of fairness on the DMV’s part!
The DMV must provide you with the evidence against you prior to the Hearing. We will scour the discovery to make sure that all of the procedural safeguards were met and fight for your rights from the beginning.
At the DMV Hearing the Hearing Officer proceeds first and has the obligation to establish proof that:
- The Police Officer had reasonable cause to stop you.
- You were lawfully arrested.
- You were driving and
- Your blood-alcohol ratio was 0.08% percent or higher, or
- You refused to submit to a chemical test.
At the DMV Hearing the Hearing Officer serves as both judge and prosecutor. So the Hearing Officer will both seek to introduce evidence to support the suspension of your license and rule on its admissibility.
Because the Hearing Officer has this unchecked power over your license, you need to have a skilled DUI Attorney on your side to ensure your rights are protected.