DUI HotLine | DMV Administrative Hearings vs Criminal Court Trials

How is the DMV hearing different from the court trial for DUI?

The DMV hearing is an administrative proceeding regarding your driving privilege and the circumstances surrounding the arrest, not whether you are innocent or guilty of a criminal act. Only the following issues will be discussed:

If you took a blood or breath or (if applicable) a urine test:

  • Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140 , 23152 , or 23153 ?
  • Were you placed under lawful arrest?
  • Were you driving a motor vehicle when you had 0.08% or more by weight of alcohol in your blood?

If you refused or failed to complete a blood, breath test, or (if applicable) a urine test:

  • Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140 , 23152 , or, 23153 ?
  • Were you placed under lawful arrest?
  • Were you told that if you refused to submit to or failed to complete a test of your blood, breath, or (when applicable) urine, your driving privilege would be suspended for one year or revoked for two or three years?
  • Did you refuse to submit to or failed to complete a blood or breath test, or (if applicable) a urine test after being requested to do so by a peace officer?

DUI Hotline | Driving under the influence | DUI

Driving under the influence (DUI), driving while intoxicated (DWI), drunken driving, drunk driving, drink driving, operating under the influence, drinking and driving, or impaired driving is the act of driving a motor vehicle with blood levels of alcohol in excess of a legal limit (“Blood Alcohol Content”, or “BAC”). Similar regulations cover driving or operating certain types of machinery while affected by drinking alcohol or taking other drugs. This is a criminal offense in most countries. Convictions do not necessarily involve actual driving of the vehicle.