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Thousands of California motorists see their driver’s licenses suspended by the Department of Motor Vehicles every year for a variety of reasons ranging from drunk driving arrests to negligent operator accusations to medical suspensions. However, the DMV can’t suspend a driver’s license without a hearing, and the driver has certain rights. The skilled attorneys at The Kavinoky Law Firm have the experience needed to aggressively fight any effort by the D.M.V. to suspend a driver’s license and impact the motorist’s freedom.

Many California drivers arrested on suspicion of DUI / DWI or driving under the influence of drugs (DUID) are unaware of the relationship between the drunk driving arrest, the Department of Motor Vehicles, and their driver’s licenses. In addition to the criminal case triggered by a California drinking and driving arrest, the driver also faces an administrative action by the DMV.

Both cases are extremely serious, but the D.M.V case is far more time-sensitive, because the accused drunk driver has only 10 calendar days from the date of arrest to request a DMV hearing. If the driver doesn’t request a hearing within the 10- period, which includes weekends and holidays, his or her license will automatically be suspended for 30 days. Even drivers licensed in another state may see their licenses suspended through the Interstate Driver’s License Compact.

A California driving under the influence arrest triggers two cases – in court, and at the Department of Motor Vehicles. At one time, both the court and the DMV could order a license suspended, but only the DMV could actually suspend it. However, California legislation affecting drunk driving arrests after Sept. 20, 2005 has removed the power of courts to suspend or revoke drivers’ licenses. Only the Department of Motor Vehicles can now suspend a license, either because of an unsuccessful DMV hearing or a criminal court conviction.

The DMV hearing that follows a California driving while intoxicated arrest is called an administrative per se hearing, or APS hearing. They are held at Department of Motor Vehicles Driver Safety Offices, not at DMV field offices. The DMV hearing officer’s role is unusual – he or she serves as both judge and prosecutor.

Unlike the criminal case stemming from a California drunk driving arrest, the DMV case isn’t focused on whether or not the driver was impaired by alcohol or drugs. DMV APS hearings concentrate on whether the driver had a blood alcohol content (BAC) of .08 percent or greater – California’s “per se” limit for driving.

Unlike the courts, which focus on the criminal aspects of a driving while intoxicated case, the Department of Motor Vehicles is concerned solely with the administrative aspects. APS hearings are civil, not criminal actions, so the driver has far fewer constitutional protections.

DMV hearings are different from DUI / DWI criminal trials in several ways. A Department of Motor Vehicles APS hearing is extremely complex and technical, and is usually based on police and chemical test reports, not live witness testimony as in a criminal trial. The evidence typically introduced at a DMV hearing is hearsay, which is generally inadmissible. This is why it’s imperative to be represented by a lawyer who is knowledgeable about the DMV hearing process. An attorney will challenge the evidence based on the hearsay rule, and if the evidence cannot be legally introduced, the DMV cannot suspend the driver’s license.

How an APS hearing unfolds depends on several factors, such as whether the accused driver submitted to a chemical test of the blood, breath or urine to determine blood alcohol content (BAC), or refused the test. If the driver was under age 21 at the time of arrest, there are additional issues at stake.

California drivers can also have their licenses suspended after being branded a negligent operator, meaning that he or she receives four “points” in one year, six points in two years, or eight points in three years. “Points” are assigned according to a scale – one point for most moving violations, two points for an at-fault traffic accident, etc. Negligent operator suspensions can be effectively challenged by a knowledgeable defense lawyer.

Motorists can also lose their driving privileges because of medical suspensions. The reasons for medical suspensions are varied – they are based on a variety of physical and mental health conditions such as epilepsy, addiction, or physical injury. Some drivers become the target of a medical suspension merely because of their age. However, the DMV must conduct a hearing before suspending a driver’s license for medical reasons, and this action can be aggressively challenged.

The stakes are extremely high when the Department of Motor Vehicles tries to suspend a driver’s license, but these hearings can be fought and won. The experienced lawyers at The Kavinoky Law Firm will develop an aggressive defense strategy designed to attack the evidence at a DMV hearing and protect the motorist’s driver’s license and freedom.