Newman & Horton LLP | Attorneys at Law | Simi Valley, CA | DMV Hearings
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California Criminal defense attorney, Ventura County family law, Santa Barbara family law, Divorce mediation, DUI defense lawyer,
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DMV Hearings

If you have been arrested in the state of California for driving under the influence (DUI), you will go through two separate legal proceedings.

The first proceeding takes place in the California criminal courts; the second occurs with the California Department of Motor Vehicles (DMV).

Both of these proceedings have their own particular rules and regulations that require the representation of an experienced criminal defense attorney.


Within the DUI court process of California, punishment is issued for individuals who are convicted of drunk driving. Possible penalties for a DUI conviction include:

  • Jail time
  • Fines
  • Completion of DUI school
  • Probation

The DMV conducts an administrative proceeding that deals with the driving privileges that the accused individual may lose. After your arrest, you will have 10 calendar days to contact the DMV to schedule your DUI / DMV hearing. If you do not schedule your hearing within this time period, you will forfeit your right to the hearing, lose the opportunity to fight for your privilege to drive, and may be subjected to an automatic license suspension. Various issues can be brought to the DMV hearing officer’s attention to have him or her consider reducing your penalties.

Some of the issues the hearing officer may consider include:

  • The arresting officer did not have probable cause to believe you were driving while intoxicated
  • The officer placed you under arrest unlawfully
  • You were not driving with a blood alcohol concentration of 0.08% or higher
  • You did not refuse a chemical test

After listening to the issues in the case, the hearing officer can either sustain the action or set aside the action.

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