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Evidence and Your DMV Administrative Hearing

Posted by Christopher Martens | Jun 06, 2017 | 2 Comments

An Administrative Review

A California driver who has received notice from the DMV regarding action taken against his or her driving privileges (e.g. a suspension) may request an administrative hearing to challenge the action. Administrative hearings differ from court hearings in several ways. They are less formal, heard in front of a hearing officer rather than a judge in a courtroom, and are sometimes held over the phone.

Administrative Procedure

Administrative hearings are similar to court hearings in a few ways as well. In both hearings, you (the defendant) have the right to present your evidence and challenge the evidence the DMV presents. The process of gathering and producing evidence in a case is called the discovery process, which produces discovery (i.e. evidence and other information). In regards to DMV administrative hearings, the discovery is limited by the relevant facts at hand. The DMV only addresses certain issues in administrative hearings because it is only concerned with whether your license should be suspended based on your DUI arrest. It is not concerned with your criminal culpability in the same way the criminal court is. In DUI license suspension cases, the DMV will typically produce a sworn statement from the arresting officer in addition to the full police report and blood alcohol concentration (BAC) test results. It may also call on witnesses to provide testimony. The arresting officer may be called on as well, but this is less common. The DMV will present its evidence against you first, and you will follow.

You can request copies of the DMV's discovery before your hearing so you can conduct a full review. Having the discovery can give you a chance to know what you are up against. If the DMV does not send you this information before your hearing, you should speak with an attorney about what you can do. You might be able to get a continuance (i.e. push the hearing to a later date) if you have not received any information from the DMV and you want more time to review. It's important to have this information before you attend your hearing, so you know what the officer said in the report and what your BAC level was. This information can also help you strategize a defense in your criminal case.

Your Rights and Your Role

The point of the administrative hearing is to show the DMV the suspension or revocation is not justified. The defendant has the right to bring an affirmative defense to the suspension by presenting evidence that will support the argument that the suspension or revocation is not justified. You can present evidence as well as oral testimony. If you plan on calling a witness, including the arresting officer, you are responsible for ensuring your witnesses is properly subpoenaed, and you must pay any related fees.

How to Strategize Your Evidence

The type of evidence you should present will depend on the evidence the DMV presents, the facts and circumstances of the case, and your defense approach. For this reason, it is a good idea to enlist the help of an experienced California driving crime defense attorney when facing any DMV administrative proceedings. Testifying on your behalf can be risky, and you risk self-incrimination. There are also many rules that govern the use of evidence in these cases, and you must comply with those rules for the evidence to be considered by the hearing officer.

Don't face DUI charges alone. If you have received a Notice of Suspension/Revocation, contact a knowledgeable California DUI defense attorney immediately. You only have ten days in which to request an administrative hearing with the DMV with very few exceptions. An attorney can help you request a hearing within the specified timeframe and help you prepare for your hearing including compiling supporting evidence for you to present and obtaining copies of the evidence the DMV will present to plan a strategic defense.

Are you facing DUI charges?

Do you have questions about a case? Visalia and Bakersfield area criminal defense attorneys at Martens &  Brusseau can assist you with criminal charges. With years of criminal defense experience, our firm has handled thousands of cases.  Attorneys here have the skills and knowledge needed to defend your rights. Serving the Visalia, Fresno, and Bakersfield areas, Martens &  Brusseau can provide expert criminal defense counsel. CONTACT US AT 559-302-9722 OR 661-466-2142 TODAY

About the Author

Christopher Martens

Bio Visalia and Bakersfield criminal defense attorney who has dedicated his life to helping those who have been accused of crimes or injured due to the negligence of others.


Andrew MartinReply

Posted Mar 25, 2021 at 01:43:14

Thank you for giving us this information.

Christopher Martens Reply

Posted Mar 25, 2021 at 08:57:44

One of the most overlooked things is that you only have 10 calendar days to request or DMV hearing otherwise your forfeit your right to contest your license suspension. You must call the DMV Driver Safety Office and not the local DMV office location.

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