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California DUI

DMV Hearing

If you have been arrested for a DUI In California, you must request a DMV hearing within 10 days of the arrest according to California DUI law. If you do not do so, your license will be automatically suspended or it will be revoked 30 days after your arrest.

DMV HearingThe DMV proceeding is different from the criminal courtroom proceeding. These hearings are much more informal, and they are run by a Driver Safety Office (DSO) Hearing Officer, who is an employee of the Department of Motor Vehicles (this hearing is not run by a lawyer or a judge). The standard of proof in DMV hearings is a "preponderance" of the evidence, which is a much lower standard than what is used in criminal court.

California DMV DUI hearings can be technical, and the chances of a person winning without legal help are very low. Unfortunately, the DMV does not care about your personal life, and it makes no difference to them if you need to drive to work or school. Also, the DMV will sometimes discourage people from looking for a hearing, telling them that they "can't win". The papers that is given to a person who is arrested for DUI can be confusing, and it does not clearly explain that a hearing must be requested in a short time.

Despite what it says on the form, you do not have to show that the suspension is not justified - instead, the DMV must show that the suspension is justified under California DUI Law. According to the DMV's statistics for a recent year, 35% of all people who were suspended for DUI when of their arrest kept their driver's license by simply questioning a hearing to fight the suspension.

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