While a first DUI is less harsh than repeat offenses, it still packs a punch. So, getting pulled over for a DUI is not just about the court case. There's another administrative part of the process. It's called the DMV hearing.
Basically, the hearing is held to determine whether your driver's license is legitimate or whether it should be suspended.
The Purpose of the Hearing
The hearing officer reviews specific points:
- Did the police have a good reason, what they call "probable cause," to think you were driving drunk?
- Were you arrested legally when the arrest involved a breathalyzer or blood test?
- Did you refuse the breathalyzer or blood test after you were warned of the consequences, based on implied consent?
- And finally, was the blood alcohol content (BAC) 0.08 percent or higher?
The burden of proof is lower compared to criminal court cases. In court, the prosecutor must convince a jury you're guilty "beyond a reasonable doubt." When you have a DMV hearing, the hearing officer must show that the accusations are true. The reading of your constitutional rights is not relevant to the DMV. You also aren't appointed a lawyer for an administrative hearing if you can't afford one.
You Have a Short Time in Which to Reply
You only have a short window of time to respond to the DMV. You only get 10 days, that's calendar days, from the day they arrest you to request a formal review hearing. Did you miss that deadline? The clock starts ticking the second you're booked, not when you get a letter or notice.
How to Reply and Request a Hearing
So, how do you even request this hearing? Here's an example if you're responding in Florida:
Go to any Florida DHSMV administrative review office in person. If they haven't already confiscated your license, you'll need a copy of the DUI citation, a copy of the arrest report (if you've got it), and a filing fee of around $25.00. If someone is representing you, they'll need to present their ID, too.
After the Hearing Request
Now, let's say you do request the hearing in time. What happens then?
The DMV will hand you a temporary driving permit, suitable only for work-related activities, until your hearing and a decision is made. If you already had that 10-day permit from the arrest, this new one kicks in when that one expires.
Be forewarned—don't miss that 10-day deadline. Things can go south pretty fast. Your license suspension kicks in immediately after that initial temporary permit expires. That means you can't challenge the suspension. Your only option becomes what they call a "waiver review," which doesn't offer nearly as many options.
The Formal DMV Hearing: What to Expect
A formal review hearing at the DMV is critical regarding your driver's license suspension. In some cases, the hearing may even lead to your suspension being completely overturned.
Key Points About the Hearing Process
Hearings are usually scheduled about a month or so after you request one. Regional offices are typically open during regular business hours. If it's challenging to reschedule a hearing. Usually, you can only reschedule if you have a genuine medical emergency or because a key witness you've subpoenaed can't attend.
Possible Outcomes?
The best-case scenario is that your suspension is invalidated and your license is fully reinstated. The worst-case scenario is that the suspension stays exactly as it was initially imposed. Importantly, the hearing officer doesn't have the authority to change the suspension length.
What About a Waiver Review?
A waiver review is a different process altogether. It's not about challenging the validity of the suspension itself. A waiver review zeroes in on whether you qualify for a hardship license, which allows you to drive for very specific, limited purposes.
Waiver reviews tend to be faster than formal reviews because they usually involve reviewing documents and verifying DUI school enrollment.
What to Expect During the Hearing
The Location and Environment
Hearings take place at a regional office of the Bureau of Administrative Reviews. This is usually a small hearing room or office. The room isn't exactly open to the public like a typical courtroom. Audio recording equipment will be present to document everything.
Who's In The Room?
The key players are the hearing officer (not a judge), you (the driver), and/or your legal representative, as well as any subpoenaed witnesses. There's no prosecutor present in this type of hearing; instead, the hearing officer serves as a neutral third party.
How the Hearing Plays Out: The Three Basic Steps
- First, there are a few administrative matters such as case identification for the record, introductions, the hearing officer explaining their role and the scope of the hearing.
- Next, the hearing officer reviews all the submitted documents, arrest affidavit, breath/blood test results, implied consent warnings form, maintenance and calibration records, officer credentials and certifications, and any supporting affidavits and forms.
- Finally, the hearing moves on to witness testimony. Each subpoenaed witness is called individually, sworn under oath, and questioned.
Do You Have to Testify?
Now, what about your testimony? You don't have to testify under the law. Whether or not you choose to testify is a strategic call, which, in some cases, can turn out to be a real double-edged sword. What you say may be used against you in a criminal case.
Contact a DUI Lawyer Who Understands DUI Criminal and Administrative Procedures Now
You need to discuss your DUI arrest with a DUI lawyer who can also help you with your DMV hearing review. It's essential that you contact a DUI lawyer right away.
