What will happen at the DMV hearing after my friend gets a DUI? 15 Answers as of January 09, 2012

There is no purpose having such a hearing unless your friend has a lawyer. The issues are legal only and would not be understood by the driver himself. They are 1)Was the arrest conducted legally; 2) Was there probable cause for the arrest; 3) Is the blood result of .08 or above an accurate result. As you can see these are not matters an ordinary non-lawyer can address. The consequences of losing the hearing or not contesting it are outlined in detail on the pink form your friend got at the time of his or her arrest.

When you say she got a DUI, do you mean that she was convicted? If not yet convicted, and if she was not driving just drinking in her car/home that was legally parked she should fight it in court. At DMV they will basically look at the cop reports, will listen to your friend, and make their decision.

The DMV will suspend her license unless she fights it. If she is homeless and has no money, she needs to get someone to help her pro bono.

In California the Administrative Law Judge will consider whether there was probable cause to stop the vehicle and whether the blood alcohol reading was taken while the driver was in custody. Almost all other issues are not relevant at the DMV hearing.

Long story short, if she has no attorney, she will lose the hearing 100%. If she has an attorney, a win is not guaranteed, but at least she will have a fighting chance. The first step is to request the hearing and file a motion for a stay of suspension. My advice is to consult with a DUI specialist before the 10 days is up.

The DMV hearing is to determine three things: First, was there probable cause to detain her: Second, was there probable cause to arrest for DUI; third, was she driving while her blood alcohol level was over .08? If the answer to all three is yes, her license will be suspended for 4 months, assuming this is a first time DUI.

The only issues are whether there was probable cause to stop her, whether she was actually driving, and whether she had a blood alcohol level of .08%. If so, she loses her license for 6 months, but can get a restricted license once she enters a driving/alcohol program - usually 6 months if the blood alcohol level is below .15%. Those issues are all the DMV hearing is about.

If she is found to have been driving with .08 or above, her license will be suspended, the time of which depends on whether she has priors or not. She cannot win that without a lawyer. If she did not call for hearing within 10 days of arrest, there won't be a hearing she'll lose it automatically.

If the DMV determines 1) that the arresting officer had a good reason to suspect that your friend had been drinking, 2) that your friend was lawfully arrested, 3) that your friend probably WAS actually drinking, then they will suspend her driving privileges for at least 120 days. She will be required to take some classes, pay some fines and provide proof of insurance before they will reinstate her license.

A DMW (also known as the Administrative Per Se Hearing) must be requested with 10 day of getting cited for the DUI. At the hearing you will have the opportunity to examine the evidence against you and question the officer. The issues at the hearing are: 1.Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of CVC 23152, 23153, or 23154? 2.Were you lawfully detained while on DUI probation or lawfully arrested? 3.Were you driving a motor vehicle when you had: 0.01% BAC or more by weight of alcohol while on DUI probation; 0.04% BAC or more by weight of alcohol while driving a commercial vehicle; or 0.08% BAC or more by weight of alcohol?