What happens at the DMV hearing?
A hearing officer will conduct the hearing. His or her function is to prosecute the case and make a final decision based on the evidence presented. Your need to drive or your need for a driver's license for work are not considered relevant and cannot be considered at the hearing. Likewise, you cannot apply for a “hardship” license based upon medical, employment, or education right to drive, unless you are under age 21. At your hearing, only the following issues will be discussed, by law:
If you took a blood, breath or urine test:
- Did the officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code 23140, 23152 or 23153?
- Were you placed under lawful arrest?
- Were you driving a motor vehicle when you had a 0.08% or more by weight of alcohol in your blood or 0.05% or more if under age 21?
If you refused or failed to complete a blood, breath or urine test:
- Did the officer have reasonable cause to believe you driving a motor vehicle in violation of Vehicle Code 23140, 23152 or 23153?
- Were you placed under lawful arrest?
- Were you told that if you refused to submit to or fail to complete a blood, breath or urine test after being requested to do so by a peace officer, that your driving privilege would be suspended for one year or revoked for two or three years?
- Did you refuse to submit to or fail to complete a blood, breath or urine test after being requested to do so by an officer?
Before the hearing you may see or obtain copies of DMV's evidence. Under a 2003 rule, any request for documents or police reports must be made in writing.
You may be represented by an attorney or other person, or you may represent yourself. You may present oral testimony and other evidence or you may file the information you would like to present in written form.
The DMV ordinarily will not arrange to have the officer testify. However, DMV reserves the right to call the police officer that arrested you if it is later determined that his or her testimony is needed. You may subpoena the officer or any other witness you feel may help your case. You are responsible for payment of any required fees and for making sure your witness receives the subpoena.
After the hearing, if you lose, you may request a departmental review in writing within 15 days, for an additional fee (as of 2003 this fee is now $150), or a court review by filing a writ with the Superior Court, and filing that writ within the number of days shown on the bottom of the notice that was mailed to you telling you the results of your hearing.
