When dealing with a traffic offense, it is crucial to understand that two distinct processes are in play: criminal court proceedings and administrative proceedings conducted by the DMV. The criminal court process involves charges like DUI or reckless driving. The process will determine your guilt or innocence and impose criminal penalties. On the other hand, the DMV administrative proceedings address issues, including license suspension or restrictions, focusing on a person's fitness to drive.

Outcomes in one process do not automatically dictate the results in the other. Winning or losing in criminal court does not necessarily affect the DMV administrative hearing, and vice versa. Legal representation familiar with criminal law and DMV procedures is invaluable. At the California Criminal Lawyer Group, we will help you navigate these parallel processes and achieve favorable outcomes. Read on to familiarize yourself with the Fresno DMV administrative hearing process.

What Happens Before a DMV Administrative Hearing?

After a DUI (driving under the influence) arrest in California, you will navigate through a series of specific actions taken by law enforcement officers and the Department of Motor Vehicles. Upon your arrest, the officer will take possession of your driver's license as part of the administrative DUI process.

At the same time, the officer is likely to issue you a temporary driver's license or permit. This permit is often referred to as a "pink sheet" or "pink slip." This document serves as a temporary driving permit and is usually valid for 30 days from the date of your arrest. It lets you maintain limited driving privileges for around 30 days while your case undergoes administrative proceedings.

Note: The 30 days are inclusive of holidays and weekends.

Accompanying the temporary permit, you will receive a formal license suspension notice. This document acts as an advisory, informing you of the potential suspension of your driving privileges. Additionally, it outlines your right to request a DMV administrative hearing within a 10-day timeframe to contest the proposed suspension.

If you decide to challenge the impending license suspension, you must formally submit a request for a DMV administrative hearing within the specified 10-day period. This hearing provides a platform for you to present evidence and arguments defending your driving privileges.

Failure to request a hearing within the designated timeframe or an unfavorable outcome in the hearing could lead to the DMV proceeding with the suspension of your driver's license. Consequently, the administrative process concludes with enforcing the specified consequences related to your driving privileges.

DUI is frequently a key factor prompting DMV administrative hearings. However, the proceedings can be initiated for various reasons other than DUI. Some of them include the following:

  • Accumulation of points — California utilizes a point system to monitor driving infractions. The DMV implements administrative measures if a driver amasses a specified number of points within a designated timeframe. Some of the measures include license suspension or probation.
  • Reckless driving — Severe traffic transgressions, like reckless driving, can instigate administrative hearings. Reckless driving entails operating a vehicle with a deliberate disregard for safety.
  • Traffic violations — Certain traffic breaches could lead to DMV administrative actions. Examples include excessive speeding, running red lights, or neglecting stop signs.
  • Failure to appear in court — Nonattendance for a traffic violation or other offense could prompt DMV administrative actions. This could result in the suspension of the driver's license.
  • Driving without insurance — Operating a vehicle without adequate insurance coverage could trigger administrative consequences, including license suspension.
  • Medical issues — Individuals with specific medical conditions impacting their ability to drive safely could undergo administrative hearings. These conditions could involve seizures, loss of consciousness, or other impairments.
  • Habitual traffic offender status — Individuals with a history of recurrent traffic violations could be categorized as habitual traffic offenders. This leads to administrative penalties.
  • Refusal to submit to a BAC test — Declining to undergo a blood alcohol concentration (BAC) test during a DUI stop can result in separate administrative actions. However, these results are distinct from any potential criminal charges.

Understanding the DMV Hearings

DMV hearings are often less formal and more relaxed than court proceedings. These sessions, presided over by DMV hearing officers, are specialized in administrative matters about driving privileges rather than criminal charges. In contrast to court proceedings, DMV hearing officers focus on establishing a prima facie case and demonstrating sufficient evidence to support administrative actions like license suspension. The burden of proof in DMV hearings is generally lower than in criminal court, where guilt must be proven beyond a reasonable doubt.

Further, these hearings follow less formal procedures, featuring more relaxed rules of evidence. Thus, they foster a less adversarial atmosphere. DMV hearings typically unfold in DMV offices rather than courtrooms. They provide a setting that is less intimidating for individuals undergoing the process.

Notably, individuals are not mandated to have legal representation in DMV hearings, although the option to be represented by an attorney exists. Despite the informal nature of these hearings, they play a pivotal role in addressing administrative actions related to driving privileges. This allows individuals to present their case and challenge proposed measures in a less formal setting.

The Burden of Proof

In criminal cases, the prosecution must prove your guilt "beyond a reasonable doubt," a very high standard. Yet, in DMV administrative hearings, the burden of proof is notably lower. The prevailing standard in DMV hearings is "by a preponderance of the evidence."

The "preponderance of the evidence" standard requires that presented evidence indicate that it is more likely than not that the alleged facts are accurate. This standard is less stringent than the "beyond a reasonable doubt" criterion in criminal cases. In DMV hearings, the objective is to establish whether sufficient evidence supports administrative actions, like license suspension or other measures related to driving privileges.

DMV hearings, primarily administrative or civil proceedings, center on driving privileges. In contrast, criminal trials address potential criminal charges, like driving under the influence.

Consequently, individuals could experience different outcomes in DMV hearings and DUI criminal trials. The result of one does not necessarily determine the outcome of the other. Both proceedings adhere to distinct legal standards and address different facets of the case. It is common for someone to undergo a license suspension through the DMV administrative process while being acquitted in criminal court for the same DUI charge.

What the DMV Hearing Officer Determines at the Hearing

In a DMV administrative hearing for DUI, the hearing officer, distinct from a judge, thoroughly examines the presented evidence, including details of the DUI arrest. Their role is to assess whether grounds, as per DMV regulations, justify administrative actions such as license suspension or revocation.

Under specific conditions, the hearing officer can suspend your driver's license:

  • Legal DUI stop and arrest — Evaluation of whether the initial DUI stop and subsequent arrest adhered to legal standards.
  • Blood Alcohol Concentration (BAC) of 0.08% or greater — Determination if the vehicle was operated with a BAC of 0.08% or higher, potentially leading to administrative actions.
  • Refusal of blood or breath test — Administrative actions could ensue if you refuse a blood or breath test upon law enforcement's request.

While DMV administrative proceedings and criminal court processes are distinct, they share consequences for driving privileges. A DUI conviction in criminal court could trigger a court-ordered license suspension. This aligns with potential administrative actions by the DMV stemming from the same incident.

Your Rights in a DMV Hearing

In a DMV administrative hearing, you have specific rights to ensure a fair and lawful process. These include:

  1. A Right to Receive a Notice of Hearing

You are entitled to a formal "Notice of Hearing." This official communication ensures you are well-informed about crucial details, including the hearing's date, time, and location. This notice is a key element of due process, granting you the essential opportunity to prepare thoroughly and actively engage in the upcoming administrative proceedings.

  1. Right to Representation

You are entitled to legal representation during administrative proceedings. Your right to representation means you hire an attorney at your own expense. Unlike criminal proceedings, where the court could appoint an attorney if you cannot afford one, administrative hearings usually expect individuals to cover the cost of legal representation if they opt to have an attorney.

  1. Access to Evidence

You have the right to review and obtain copies of the evidence the DMV plans to present against you, which is crucial for several reasons. This empowers you with insights to construct an informed and effective defense strategy. As you delve into the evidence, you will better understand the case. This facilitates strategic preparation and anticipation of potential challenges in the upcoming hearing.

Furthermore, access to evidence plays a pivotal role in fostering fairness and transparency in the legal process. It establishes an even playing field for all parties involved, contributing to a balanced and just environment. Scrutinizing the details of the presented evidence enables you to pinpoint weaknesses or inconsistencies in the opposing party's case. It provides the means to address these issues directly during the proceedings.

Given permission, the assessment of evidence equips you for cross-examination. It allows your attorney to question witnesses and challenge the reliability of the presented facts.

  1. Subpoena Witnesses

According to Vehicle Code Section 14104.5, everyone involved in a DMV administrative hearing, including the defendant, has the right to subpoena witnesses. It means you can issue subpoenas or subpoenas duces tecum, whether before the hearing starts or after it is already underway, upon the request of any party.

A subpoena duces tecum comes in handy when you want a witness not just to show up but also to bring along specific documents, like medical or maintenance records, crucial to the matters being discussed in the hearing. So, it is not just about their attendance. It ensures they bring the necessary documents for examination during the proceedings.

  1. Testifying on Your Behalf

You can testify on your behalf in a DMV administrative hearing. This means you can:

  • Share your version of events — You will have the chance to provide your side of the story by presenting evidence, witnesses, and your testimony. Make sure you're ready to present a compelling defense.
  • Explain your actions — Structure your explanation logically and present the events chronologically. Remain factual and concise. It is the best strategy to clarify any misunderstandings. Maintain a composed and respectful demeanor throughout the hearing. and
  • Directly address the issues at hand — Clearly stating where you stand on the discussed matters. Be concise and direct. Additionally, if you make mistakes, admit them straightforwardly. Show that you are committed to addressing and rectifying any errors.

Testifying in your defense during an administrative hearing allows you to narrate your account of events and empowers you to present evidence supporting your case. This could include relevant documents, records, or materials that bolster your perspective on the matters under consideration.

You can fortify your argument by presenting evidence in your testimony and clear up any misunderstandings. Further, the evidence will counter evidence from the DMV or opposing parties.

Upon wrapping up the hearing, the hearing officer or board takes charge of making findings and issuing a decision on behalf of the department. Following this, you will receive notification of the decision. This will be accompanied by details regarding your right to request a review.

The decision's effectiveness hinges on the timeframe indicated in the notice, which falls between four and 15 days after mailing.

The Relationship Between the DMV Administrative Hearing and the Criminal Court Process

The DMV administrative hearing and criminal court process, though separate, have a tangible relationship, particularly in DUI cases. Their outcomes influence each other in nuanced ways.

Despite their different approaches, consequences can overlap. A DUI conviction in court could trigger a court-ordered license suspension, while the DMV could impose its administrative suspension for the same incident.

Additionally, evidence from one proceeding often spills into the other. DMV hearing details, like breathalyzer results, could echo in criminal court and vice versa. It is a cross-pollination of legal information.

As mentioned earlier, the testimony from a California DMV hearing is not confined to administrative matters. It can be used in criminal proceedings, influencing how prosecutors approach charges. This information can prompt the dismissal of charges. In other situations, plea bargains can spark negotiations for reduced charges.

Receiving a not guilty verdict on VEH 23152(b) in a bench or jury trial could positively impact your DMV license situation. This determination could lead the DMV to reconsider and reissue your driver's license.

The outcome is different if the court dismisses your case or you opt for a plea deal with reduced charges. These court outcomes do not sway the DMV's administrative decisions regarding your license suspension or revocation.

Winning or Losing Your DMV Administrative Hearing

Navigating a DMV administrative hearing offers two results: a win or a less favorable loss.

  1. Winning a DMV Administrative Hearing

A favorable outcome comes with the following outcomes:

  • License retention — A win often means the preservation of your driving privileges. Your license suspension or revocation would have been averted.
  • Clean record — A successful defense ensures that your driving record remains unblemished by any evidence of the alleged violation. This safeguards your reputation.
  • Integrity of your driving record — Your driving history maintains its integrity. A good driving record protects you from potential increases in insurance rates and other future driving-related complications.
  • Penalty avoidance — Winning shields you from administrative penalties or repercussions of the alleged offense. This will enable you to move forward without additional burdens.

Note: The prosecution could still choose to pursue criminal prosecution for the offense despite the win in the hearing.

  1. Losing a DMV Administrative Hearing

An unfavorable outcome results in the following outcomes:

License Suspension or Revocation

Facing license suspension or revocation adversely impacts your legal right to drive.

Suspension temporarily removes your driving privilege due to traffic violations or accumulated points on your record. Meanwhile, revocation is a more severe measure. It ultimately terminates your ability to drive. This often necessitates a more intricate process for reinstatement.

Adverse Impact on Driving Record

An unfavorable impact on your driving record happens when specific events or violations lead to adverse consequences for the documented history of your driving activities. This negative impact commonly arises from incidents like traffic violations, accidents, or other occurrences that add points to your record.

Consequently, a negatively affected driving record can result in repercussions such as:

  • Increased insurance premiums.
  • Potential legal consequences, and
  • Challenges sustaining a clean driving history.

On insurance premium increases, the primary reason for this is the negative effect on your driving record. With the alleged violation now on record, insurance companies see a higher risk in insuring you.

This heightened risk is based on the assumption that individuals with a history of DMV hearing loss are more likely to be involved in future incidents. Insurers then adjust your premiums to reflect this perceived risk.

Additionally, the loss of hearing could result in losing any good driver discounts you previously enjoyed. These discounts, usually given to those with clean records, could be revoked due to the negative outcome in the hearing.

Administrative Penalties

Administrative penalties are sanctions imposed by the Department of Motor Vehicles for various infractions and violations. These penalties are distinct from criminal penalties. They represent non-criminal consequences for regulatory or administrative violations related to driving.

Examples of penalties other than license suspension or revocation include the following:

  • Mandatory traffic school enrolment — In certain instances, the DMV could mandate attendance at a traffic school to address a traffic violation. This is an avenue to help you mitigate the impact on your driving record.
  • Vehicle impoundment — Law enforcement could impound your vehicle for specific violations, depending on the nature of the offense.
  • An Ignition Interlock Device (IID) installation requirement — Following a DUI conviction, the DMV could require the installation of an IID in your vehicle. The device measures your blood alcohol concentration before allowing the engine to start. Should you have any alcohol in your system, the car will not start.
  • Fines — Administrative penalties could include monetary fines for certain violations. This is separate from any criminal fines imposed by the court.

First-Time Driver’s License Suspension

For a first-time DUI offense, you have choices to preserve your driving privileges.

One option involves installing an ignition interlock device (IID) in your vehicles for four months. This will allow you to continue driving, provided the IID is properly installed and utilized. Non-compliance with this requirement could lead to additional penalties.

Alternatively, if you decide against installing an IID or if aggravating factors exist in your case, your driving privilege will be suspended. The suspension lasts from six to ten months. The specific duration depends on factors like your blood alcohol concentration (BAC) at the time of arrest and whether it is indeed your initial DUI offense.

Following a 30-day "hard" suspension, during which no driving is permitted, you can apply for a restricted driver's license. This restricted license permits driving to and from work and during employment-related activities. To qualify for the restricted license, you must fulfill specific conditions. These include:

  • Enrolling in a court-approved DUI education program.
  • Providing proof of financial responsibility — Form SR-22 insurance certificate is required, and
  • Remitting required fees — This includes a $125 reinstatement fee to the DMV.

Engage an Experienced Criminal Defense Attorney Near Me

DMV administrative hearings, though less complex than criminal trials, still require the expertise of an experienced criminal defense attorney. Navigating these hearings effectively demands a solid understanding of the administrative procedures and regulations of the Department of Motor Vehicles.

An experienced attorney's strength lies in meticulous preparation. He/she will ensure they are well prepared by gathering pertinent documents and presenting a persuasive narrative to bolster your defense. While you can choose your attorney based on your budget, ensure you go for an attorney with experience in DMV administrative hearings. Choosing an experienced criminal defense attorney enhances the likelihood of a favorable outcome and serves as a proactive measure for safeguarding your driving privileges throughout the DMV administrative process.

Contact the California Criminal Lawyer Group at 559-712-8377 if you need legal representation in Fresno.