DMV decisions in a DUI case


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Tag Archives: admin per se

DMV decisions in a DUI case

DMV decisions in a DUI case

One of the questions we get frequently, especially for those that are awaiting a decision following a DMV hearing for a DUI, is, “how long does the DMV have to make a decision?”

California DMV Admin Per Se

The reason that is a common question is that DMV hearing officers rarely make the decisions after a driver’s license hearing from a DUI at the hearing itself.  Although they have the power and ability to do so, and they sometimes will make a ruling, in most cases, they issue a written ruling sometime after the hearing.

The DMV hearing officer manual requires them to issue a written ruling in all cases — whether there is a set aside (a decision to dismiss any action against a California driver’s license), or a decision suspending driving privileges.

The DMV rarely grants set asides immediately, but luckily for most decisions, the rate of a set-aside, where the licensee gets their license back, that rate has been steadily going up, for a number of reasons, as the chart below shows:

DMV Wins in a DUI

The answer to the question, “how long does the DMV have for decisions in a DUI case”, is contained in Government Code section 11517 (a) (3), which states, in part: “The agency shall issue its decision within 100 days of the submission of the case.”  

Often, DMV hearing officers decide cases wrongfully, against both the requirements of the Evidence Code and against case law in favor of the driver.  The DMV is required to suspend a license if the three issues in a DMV hearing are found to be supported by admissible evidence and issue a set-aside, canceling the suspension from a DUI, when the evidence is not sufficient.

Our law firm has had many Orange County and Los Angeles cases where we have either won a DMV dismissal in the DUI case or have won against the DMV on appeal.

Use our Contact the Firm link if you need assistance with a DMV hearing matter.