QUESTION
What will happen at the DMV hearing after my friend gets a DUI?
Asked on Jan 03rd, 2012 on Criminal Law - California
More details to this question:
My friend is homeless. She lives in her car and got a DUI. What will happen at the DMV hearing?
12 ANSWERS
Criminal Trial Attorney serving San Jose, CA
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Law Office of Thomas F. Mueller
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It depends on many things but most likely it will result in a suspension of some length.
Answered on Jul 02nd, 2013 at 9:50 PM
Criminal Defense Attorney serving Weaverville, CA
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James H. Dippery, Jr.
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When you say she got a DUI, do you mean that she was convicted? If not yet convicted, and if she was not driving just drinking in her car/home that was legally parked she should fight it in court. At DMV they will basically look at the cop reports, will listen to your friend, and make their decision.
Answered on Jan 09th, 2012 at 10:44 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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The DMV will suspend her license unless she fights it. If she is homeless and has no money, she needs to get someone to help her pro bono.
Answered on Jan 09th, 2012 at 10:32 AM
Daniel Kieth Martin
In California the Administrative Law Judge will consider whether there was probable cause to stop the vehicle and whether the blood alcohol reading was taken while the driver was in custody. Almost all other issues are not relevant at the DMV hearing.
Answered on Jan 08th, 2012 at 9:49 AM
Long story short, if she has no attorney, she will lose the hearing 100%. If she has an attorney, a win is not guaranteed, but at least she will have a fighting chance. The first step is to request the hearing and file a motion for a stay of suspension. My advice is to consult with a DUI specialist before the 10 days is up.
Answered on Jan 07th, 2012 at 2:49 PM
Criminal Defense Attorney serving McKinleyville, CA
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Law Office M. C. Bruce
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The DMV hearing is to determine three things: First, was there probable cause to detain her: Second, was there probable cause to arrest for DUI; third, was she driving while her blood alcohol level was over .08? If the answer to all three is yes, her license will be suspended for 4 months, assuming this is a first time DUI.
Answered on Jan 07th, 2012 at 2:46 PM
Criminal Defense Attorney serving Fullerton, CA
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The Law Offices of John W. Bussman
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If the DMV determines 1) that the arresting officer had a good reason to suspect that your friend had been drinking, 2) that your friend was lawfully arrested, 3) that your friend probably WAS actually drinking, then they will suspend her driving privileges for at least 120 days. She will be required to take some classes, pay some fines and provide proof of insurance before they will reinstate her license.
Answered on Jan 07th, 2012 at 12:30 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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If the cop shows up (sometimes they don't) and he testifies she was drunk they will suspend her license for 6 months (and when she gets to court they will do the same thing and after 30 days she is eligible to go to DMV and ask for a restricted license to and from work; to and form the DUI school. But if she is living in her car she probably doesn't go to work. The big question here, without being asked, is will they take her home away and the answer is no. But when she tells the court that she is homeless and can't pay a fine the judge will say, "Then where do you get the money for booze" in other words, they will not be sympathetic
Answered on Jan 07th, 2012 at 12:19 PM
Criminal Defense Attorney serving Santa Rosa, CA
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Michael T. Lynch
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The DMV, or APS, hearing is to determine if your friends License should be suspended. It is an administrative hearing to determine if your friends rights were violated or if they were processed properly. Your friend should be represented at such a hearing.
Answered on Jan 07th, 2012 at 12:05 PM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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The DMV hearing is set up to determine whether your drivers license will be suspended or not. Note that if there is a DUI conviction, there will also be a drivers license suspension regardless of the outcome of the DMV hearing.
Answered on Jan 07th, 2012 at 12:03 PM
Criminal Law Attorney serving Santa Ana, CA
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The Law Offices of Christopher J. McCann
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The DMV will try to take her license away! You need to hire an attorney immediately. She has only 10 days to contact the DMV to request a hearing to fight it.
Answered on Jan 07th, 2012 at 12:01 PM
Criminal Defense Attorney serving San Francisco, CA
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The Hashemi Law Firm
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A DMW (also known as the Administrative Per Se Hearing) must be requested with 10 day of getting cited for the DUI. At the hearing you will have the opportunity to examine the evidence against you and question the officer. The issues at the hearing are: 1.Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of CVC 23152, 23153, or 23154? 2.Were you lawfully detained while on DUI probation or lawfully arrested? 3.Were you driving a motor vehicle when you had: 0.01% BAC or more by weight of alcohol while on DUI probation; 0.04% BAC or more by weight of alcohol while driving a commercial vehicle; or 0.08% BAC or more by weight of alcohol?
Answered on Jan 07th, 2012 at 12:00 PM