DMV Hearings in California DUI Cases
Many drivers who receive a DUI for the first time are confused about their hearing with the Department of Motor Vehicles. The following is important information from the California Department of Motor Vehicles website regarding the DMV hearing after a DUI.
A DMV hearing is not mandatory. A driver who wants a DMV hearing, usually in the hopes of keeping their driving privileges, must request one. The hearing with the DMV regarding the DUI is not a criminal proceeding. It is a separate proceeding that determines whether or not a person who received a DUI should be allowed to keep their driving privileges.
The DMV hearing will not determine whether or not a person committed a crime. The DMV hearing will determine whether someone took a blood, breath, or urine test or refused testing, whether they were arrested, and whether they had a blood alcohol content of .08 percent or higher. The DMV hearing will also not take the place of a criminal trial.
Fortunately, if a person who was charged with driving under the influence is acquitted in a criminal trial, any suspension or revocation of driving privileges will be reversed. However, if the charges are merely reduced to reckless driving, any suspension or revocation of driving privileges will not be reversed. If DUI charges were dismissed, or if the district attorney decided not to file DUI charges, a driver may get their driving privileges back, but this is not always the case.
Are you facing DUI charges in California? Are you confused about the criminal charges as well as the driver’s license penalties? If so, contact Los Angeles DUI attorney Lawrence Wolf of the Law Offices of Lawrence Wolf today at (310) 277-1707 to learn more.
