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Appealing a California DMV Hearing

Many drivers facing DUI / DWI charges in California are unaware that the arrest actually triggers two cases in court, and at the Department of Motor Vehicles. The driver has just 10 days from the date of arrest to request a DMV hearing or face an automatic license suspension.

It is possible to win a DMV hearing, but even accused drunk drivers who are unsuccessful at the Department of Motor Vehicles have options to appeal the decision and retain their driving privileges. The knowledgeable drunk driving defense attorneys at The Kavinoky Law Firm are experienced in every aspect of appealing an unsuccessful DMV hearing and fighting to protect the driver’s rights and license.

There are two avenues to appeal an unsuccessful D.M.V. hearing – a request for administrative review, and a writ of mandate. The first option involves having the Department of Motor Vehicles in Sacramento review the DMV hearing officer’s decision. The second option will result in a review of the DMV’s decision by the state attorney general’s office.

A request for administrative review costs $125 and must be filed within 15 days of the DMV hearing officer’s decision. The chances of success are slim – the defense must have an extremely strong argument in order to persuade the Department of Motor Vehicles to overturn the decision of its own hearing officer.

Filing a writ of mandate is a much more promising option for a driver whose license was suspended in a DMV administrative per se hearing. A writ of mandate is filed with the state attorney general’s office for review. Although the attorney general’s office will be representing the Department of Motor Vehicles’ interests in the case, it’s the first opportunity to have a trained legal professional other than the driver’s lawyer review the case.

A driver pursuing a writ of mandate with the state attorney general’s office may be able to have the license suspension stayed pending the outcome of the review. However, in order to do so, the defense must demonstrate that the argument has merit and that the driver poses no threat to the community. One way to demonstrate this is through the use of an ignition interlock device – technology that prevents a vehicle from being started if the driver has a measurable blood alcohol content (BAC).

Ultimately, a loss at a DMV administrative per se hearing doesn’t necessarily mean a suspended license. The skilled DUI / DWI defense lawyers at The Kavinoky Law Firm are experienced in both requests for administrative review and writs of mandate following an unfavorable outcome at a DMV hearing. An expert defense attorney can answer any questions about appealing a DMV hearing during a free consultation.