The DMV DUI Hearing Process in Outline
A DMV hearing is not a trial. It is an administrative proceeding about the driving privilege. The DMV DUI hearing process asks a short list of questions and decides whether the suspension or revocation should stand.
According to the DMV DUI page, the hearing gives the driver a chance to show the action lacks justification. However, it does not decide guilt or innocence.
The Issues for a Test Case
For a driver who took a test, Vehicle Code section 13557 lists the facts. The DMV asks whether the officer had reasonable cause to believe the person drove in violation of the DUI laws. It also asks whether an arrest or lawful detention took place and whether the alcohol level met the relevant limit.
The DMV must find those facts by a preponderance of the evidence. So if proof of any one falls short, the DMV rescinds the order.
The Issues for a Refusal Case
Refusal cases, by contrast, have their own list. The DMV asks about reasonable cause and arrest, plus two more points. Specifically, it asks whether the person refused or failed to complete the test and whether the officer warned of the license consequences.
The article on California DUI test refusal explains those consequences.
Where the DMV DUI Hearing Process Takes Place
Vehicle Code section 13558 says the hearing happens at a place the DMV designates, as close as practicable to the arrest location. The parties may agree to a different location. Then the DMV notice or scheduling letter sets the format and time.
A hearing officer runs the proceeding. After that, the officer reviews the evidence and hears from the driver or the driver’s lawyer.
Evidence and Witnesses
The DMV usually relies on the sworn report and test records. However, the driver may offer more, because section 13558 allows evidence beyond what the DMV reviewed earlier.
The guide on DMV DUI hearing evidence covers what to gather and when.
The Decision
After the hearing, the DMV sends a written decision. Then, if it sustains the action, the suspension or revocation continues. If it sets the action aside, the driver may apply to get the license back.
The article on DMV DUI hearing appeal options explains what can follow a loss.
What the DMV DUI Hearing Process Does Not Do
The hearing cannot decide the criminal case. It also cannot grant a restricted license, since the DMV page says hearing officers do not consider those requests. So drivers who want a restriction follow a separate path after the DMV DUI hearing process ends.