Los Angeles Criminal Law Blog


Handling DMV Hearings

Posted on: August 25, 2008 at 9:43 a.m.

A DMV hearing is an administrative proceeding regarding the suspension or revocation of your driving privilege only, so it is unlike a court case. Both the State and Federal Constitutions provide that no person shall be deprived of property without due process of law. Due process of law entitles the accused to a notice of the action the DMV intends to take against a person's driving privilege and an opportunity to be heard, hence the term "hearing." After being arrested for driving under the influence, the accused has 10 days to schedule a hearing with the DMV.

The hearing has nothing to do with guilt or innocence, it strictly has to do with the person's privilege and the circumstances surrounding the arrest. During the proceeding, the following matters are discussed:
- Whether or not the accused took a blood, breath or urine test
- Whether the police officer had reasonable cause to believe the accused was driving a motor vehicle in violations of state codes and laws
- Whether the accused was placed under lawful arrest.
- Whether the accused was driving with a .08% or more by weight of alcohol in their blood

If a person refuses a blood, breath or urine test, then the proceeding will, in addition to the officer's proof and arrest procedure, check:
- Whether the accused was told that if s/he refused to submit to, or fail to complete, a test that person's driving privilege would be suspended for one year or revoked for two to three years
- Whether the police actually requested a blood, breath or urine test

A DUI attorney may actually represent you at the hearing. Simply having an attorney present may greatly increase the chances of getting the license back until trial, and may even help in the future with a DUI trial.

After being pulled over and arrest for DUI in Los Angeles, the arresting officer will confiscate the driver's license of the accused and hand over a pink slip (called at "Notice of Suspension," which acts a temporary 30-day license during the DMV hearing and DUI trial. After receiving the pink slip, the accused or the DUI lawyer has 10 days to schedule a DMV hearing.

The Los Angeles DUI attorneys at Kestenbaum Eisner & Gorin LLP specialize in the aggressive defense of DUI charges resulting from drunk driving arrests throughout Southern California. Our attorneys are Former Senior Los Angeles Prosecutors with more than 50 years experience litigating DUI charges in court and at DMV hearings.

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Eisner Gorin LLP has been recognized as one of the best U.S. law firms, based on the experience, professionalism, and ethics of its criminal defense lawyers and attorneys. We aggressively defend clients in all Southern California courtrooms on state and federal charges, including DUI, DMV, misdemeanor, felony, juvenile cases, in the following communities and courthouses.

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