Contrary to popular belief, DMV hearings cannot replace or substitute your criminal DUI trial. A DMV hearing will only deal with your license revocation for your DUI offense. Therefore, if you have multiple sentences involved in your case, you may have to attend court in addition. The DMV will simply review your case and how it relates to your driver’s license. They will determine how long you should lose your license for based on how many times you have committed a DUI and the DUI laws in your state.

Both State and Federal constitutions declare that no person should be deprived of property without due process of the law. This is why you have the right to attend a DMV hearing, even if the same issue will come up in your criminal court trial. Your constitutional right gives you the ability to take a notice of your action to the DMV and explain your situation. This department can then choose whether or not they think if fair to deprive you of your driver’s license. These DMV hearings are different from your criminal trial in a variety of ways.

According to the California Department of Motor Vehicles, your DMV hearing is an administrative proceeding. The officials at the DMV have no say in whether you are guilty or innocent of your alleged crime. They will discuss whether or not you took a blood, breath, or urine test, and make sure that the peace officer had a right to administrate these tests. They will also determine whether or not the law officer had a right to pull you over, and whether or not your arrest was fair. The DMV will also evaluate whether or not police records show that you had a BAC over 0.08% at the time of your arrest.

Again, these factors are not an attempt to prove whether or not you are guilty or innocent. The DMV cannot impose fines, fees, prison or jail time, community service, or a host of other punishments in the wake of your crime. They can only determine whether or not you deserve to keep your license. If you refused a blood, breath, or urine test, then the DMV will want to determine whether or not the police had a reasonable cause to issue the test. They will also want to know whether or not you were warned that you could lose your license for up to three years for refusing a chemical test when pulled over. They may also want to evaluate the conditions of your situation. Did you purposely refuse even after being warned by a police officer?

All of this to say, if you believe that license revocation is not fair in your DUI case, then you can request one of these hearings. You are not obligated to attend one of these hearings in any way, nor are you required to request one. If you do choose to attend a DUI hearing, it will not substitute for your criminal trial. The hearing and court trial are completely independent of each other. This hearing will only deal with the circumstances surrounding your arrest, not your actual verdict.

If you are proved innocent in your court trial, then your DMV hearing will be void. If they chose that you needed to have your license sustained, you will be able to get your license reinstated at this time. If your DUI charge was restricted, you may still need to deal with the license suspension as granted by the DMV. Talk to your DUI lawyer today to determine whether or not it’s smart for you to schedule a DMV hearing in conjunction with your trial.