DMV Administrative Hearings

Bakersfield DUI Attorneys Providing Legal Counsel

After being arrested for driving under the influence (DUI), the law enforcement agency will not be the only ones concerned with penalizing you for your alleged crime. The California Department of Motor Vehicles (DMV) will also use discretionary and disciplinary actions.

Before the DMV is allowed to dole out its punishments, you have 10 days to request a driver safety administrative hearing, or just a DMV hearing as most people call it. Similar to a criminal trial, this will be your first, and possibly your only, opportunity to review the evidence against you and challenge the claims of the opposition. Make certain you are ready for it by partnering up with Campbell Whitten and our Bakersfield DUI attorneys.

About Your DMV Hearing

If you took the initiative to request your DMV hearing before that brief 10 day window of opportunity closed, it should be scheduled shortly. If you miss the date set, it will not be rescheduled, the DMV can act as if you presented no defense or argument, and you will be at the mercy of their discretion. If you do show up, the hearing will be tape recorded and done in the presence of a Driver Safety Hearing Officer of the DMV.

Note: You may schedule your DMV hearing to take place over the phone. While this may seem more convenient, it can be more difficult to defend yourself as you will not have direct access to physical evidence the DMV presents. Always check with your DUI lawyer before agreeing to a telephone DMV administrative hearing.

DMV Hearing Processes

Due to the fact that the DMV hearing is not a criminal trial, you will not be provided an attorney on California’s bill, but you can retain one for yourself. This is highly encouraged since the hearing can feel and operate like a trial, and an insightful knowledge of the law and litigation is always an advantage.

If the hearing concludes not in your favor, do not lose hope. You still have the opportunity to request a further administrative review of the hearing council’s decision. If you do not have faith that they will review it appropriately, you can even go up the ladder and request that a superior, appellate court reappraise the decision.

Take the Initiative

The DMV might not be trying to fine you in high amounts or send you to county jail but their punishment, the removal of your driving privilege for months or years, can be just as devastating. The best way to defend yourself may be to take action as soon as possible.