If you’ve been arrested for and charged with DUI in California, the Department of Motor Vehicles typically will send you a notice regarding an administrative hearing. There are times when no hearing will be allowed, but for the most part, you’ll get a chance to meet with DMV officials and review actions the DMV took regarding your license after you were charged. This is a crucial step in fighting your DUI charges because, even though the DMV does not address criminal charges, getting them to loosen the restrictions they placed on your license always looks better — and if you ignore your opportunity for a hearing, it makes it look like you’re not interested in restoring your privileges. Orange County DUI defense attorneys can help you prepare for your hearing.
What the Hearing Is For
When you’re arrested for a DUI and have your license confiscated, the officers have to send a notice to the DMV along with the license. The notice recommends suspension or revocation of the license and is reviewed by the DMV. Based on what the police officer’s report and test results say, the DMV then takes action. Your license may be suspended or revoked per the police officer’s suggestions, or the DMV could impose different penalties. Orange County DUI defense attorneys can give you more information about what you might face.
You have the right to contest the penalty at a hearing. You’ll receive a notice from the DMV and must call them no more than 10 days after you get the notice. The hearing can be in person or conducted over the phone. At the hearing, you get the chance to bring in witnesses and experts, along with evidence, to counter what the DMV has seen so far.
Schedule That Hearing
If you don’t respond to the notice, or if you decide not to schedule a hearing, that means you’re accepting the DMV’s actions as is. That could be interpreted as admitting guilt and showing you’re not going to fight charges when you get to court. Don’t let that happen. Even if you agree that you’re guilty, you should try to aim for penalties that keep you out of prison and that don’t prevent you from taking care of yourself or your family.
If you can, bring a DUI lawyer with you to the hearing, and try to hold it in person. Look as neat as you can and have your evidence organized. You need to be practical during this hearing; emotion won’t do you any favors. Orange County DUI defense attorneys can help you put together your case for both the DMV and the criminal hearing.
