DUI

What is a DMV Hearing?

The DMV hearing is an administrative proceeding regarding your driving privilege and the circumstances surrounding the arrest, not whether you are innocent or guilty of a criminal act. Only the following matters will be discussed at such a DMV hearing:

If you took a blood or breath or (if applicable) a urine test:

  • Did the peace officer have probable cause to believe you were driving a motor vehicle while under the influence of drugs or alcohol, or both in violation of Vehicle Code section 23140, 23152, or 23153.
  • Were you placed under lawful arrest?
  • Were you driving a motor vehicle when you had 0.08% or more by weight of alcohol in your blood?

If you refused or failed to complete a blood, breath test, or a urine test:

  • Did the peace officer have probable cause to believe you were driving a motor vehicle in violation of Vehicle Code section 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 test of your blood, breath, or urine, 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 or breath test, or a urine test after being requested to do so by a peace officer?