What is the DMV Hearing?

Posted By Okabe & Haushalter || 21-Jun-2011

After being arrested for driving under the influence, many people are faced with considerable confusion. This is understandable. A DUI is one of the few charges in which the defendant will be facing two charges. Not only will they be facing the criminal charges, they will be facing civil charges.

What does this mean? It means that the California Department of Motor Vehicles will be holding what is known as a DMV hearing – an administrative process that will determine the future of your license. This is different from a criminal court hearing in that it will not determine whether or not you were actually guilty of drunken driving.

Instead, it will only deal with the blood alcohol tests. If you did partake in them, you will have to determine whether the law enforcement officer had reason to believe that you were under the influence, whether you were lawfully arrested and if you were operating the vehicle with a BAC over 0.08%. If, however, you refused to take the tests, you will also need to be required to determine whether you were informed that refusing to take the tests would result in driver's license suspension.

At Okabe and Haushalter, we know how confusing it can be in the aftermath of a DUI arrest and we are firmly committed to helping our clients with the extensive assistance that they deserve. Should you choose to work with a criminal defense lawyer from our firm, you will be able to be confident knowing that you will have an experienced advocate on your side that will work with you to help you through the process –ensuring that you are not missing an important deadlines.

Please do not hesitate to contact a Los Angeles DUI defense attorney from our legal team as soon as possible so that we can discuss your case more thoroughly and to help you defend your best interests as soon as possible.

Categories: DUI

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