Articles Posted in DMV Hearing

When you have been arrested for suspicion of driving under the influence in Los Angeles, two cases will simultaneously be initiated. One will be in the criminal courts, and the other will be with the DMV. They are two separate cases, with two separate outcomes, and are concerned with two separate issues. The criminal courts are concerned with DUI charges, and whether you are guilty of driving while intoxicated or not. The Los Angeles DMV hearing is only concerned with whether your driving privileges should be suspended.

You have the right to an attorney to represent you at both appearances. The outcome of one will not affect the other. This may be a good or bad thing depending on the facts of your case. However, having a Los Angeles DUI attorney on your team ensures that you give yourself the best possible chance at both appearances.

Let’s consider an example to better understand how the two hearings work. Donny is driving home from a birthday party where he has had two beers. Donny is about 6’2” and weighs about 190 pounds. He is a bigger guy and two beers generally have no effect on him. However, on that particular day he has not had the chance to eat. Regardless, he does not fully stop at a stop sign, and is stopped by officers. Officers smell the beer on his breath and ask him to submit to a sobriety test, which he does. Donny blows a .09% blood alcohol level. This is right above the legal level of .08%. Donny is arrested and given a court date. Per the citation, Donny immediately calls the DMV and schedules a hearing. He then retains the knowledgeable legal professionals at Hoffman and Associates.

The Los Angeles Criminal Courts and the Los Angeles Department of Motor Vehicles (DMV) are two completely separate entities. Each has their own restrictions on issuing consequences of a DUI arrest, and each follows their own standards and procedures. Reducing or dismissing your DUI charges in a criminal court will not lead to a dismissal of consequences from the DMV. The entities do not have an influence on each other.

The Courts can issue only certain types of sentences. They can issue jail time, fines, probation, community service and rehabilitation education, however they have no authority over the suspending or revocation of your driving privileges. Similarly, the DMV cannot issue jail time, probation, or other sentences issued by the Courts, they can only suspend or revoke your driving privileges.

The DMV has the authority to suspend or revoke driving privileges if two elements are met:

If you have been arrested for a Los Angeles DUI, remember that you have not yet been convicted.  An arrest simply means that there is a reasonable suspicion that you have committed a criminal offense, it does not mean you are guilty. You can only be convicted one of two ways, by pleading guilty, or by being found guilty in a court of law by a jury. However, even with an arrest, there are several very important steps you have to take immediately to ensure that you have the best possible results.

  1. Check your Citation

When you are arrested you will be given a citation. This citation will state the charge against you, and the time and date upon which your Arraignment will be. This court appearance is not optional, it is absolutely mandatory. Failure to appear at this court date can result in a bench warrant out for your arrest, and/or an additional charge to the charge you are appearing for in the first place. Make sure you calendar this appearance date, it is important and make a note of the Court in which you will be required to appear. Also check the penal code or vehicle code section under which you are being charged. This will define whether it is a misdemeanor or felony, and what you are being charged with.




If you have been arrested for suspicion for driving under the influence, chances are you were also issued a notice to schedule a DMV hearing within ten days. This is a very important deadline and should not be missed. If you miss the deadline, you give up your right to a hearing regarding your driving privileges. Your license will automatically be suspended.

The DMV hearing is a separate case and hearing from the criminal case that will be heard in the criminal courts. It is an administrative hearing. The findings made in a criminal case will not have a bearing on the case before the DMV and vice versa.

This is very important because it implies that you must present strong arguments and cases for both the criminal court and DMV. It will not be shifted over from one case to another, and the ruling from one case will not impact the other.

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When a person has been charged with drinking under the influence under California Vehicle code §23152, or §23153, a second case will also be initiated with the California DMV. When a person is arrested, they will be given a court date, in which they must appear before a California Criminal Judge. In the criminal court, their case will be tried and they will either be found guilty, or the case dismissed.

Within ten days of the arrest, the person must also call the California DMV and set up a hearing regarding their driving privileges. If they do not do so within ten days, they give up their right to be heard. As a result, their license will automatically be suspended. This case before the California DMV is completely independent of the one before the Criminal Judge. The outcome of one will not affect the outcome of the other. In fact, even if the case before the Criminal Judge is dismissed, it does not mean that the DMV will also dismiss the case pending before them.

Let’s consider an example. Danny is found driving under the influence of alcohol and he is arrested. He declines the field sobriety tests, but agrees to take the breath test at the station. His results are a .07. Although they are not over the specified .08, a careful analysis of the DUI code section will show that blood test results of .08 or higher are not necessary to be charged with a DUI. Danny is still charged. And as procedure goes, a case is also initiated with the DMV.





