DMV Administrative Per Se hearing:
If you have been arrested for a DUI in California and the chemical test result was over .08% , or over .01% if the driver is under 21 years of age, or the defendant refused to submit to a chemical test, the police will seize your California driver’s license and issue you a notice of suspension and 30-day temporary license. You must contact the DMV within 10 days of the arrest, to request a hearing and a stay of your license suspension. As long as a stay on the suspension of your license has been requested, you will continue to have full driving privileges until a decision has been rendered in connection with the DMV hearing.
At the hearing, both sides are entitled to call witnesses to testify. Three issues will be resolved: whether you were driving, whether you were lawfully arrested, and whether your BAC was .08 or higher at the time you were driving. If the hearing is won, the DMV will not impose a separate suspension against your license; if the hearing is lost, the DMV will simply impose the same suspension they would have initially, just at a later date.
A first offense can result in a four-month license suspension, while a refusal or a second or subsequent offense within ten years can trigger a one-year license suspension. Some suspensions can actually be reduced to a 1-month suspension followed by a few months of a restricted license. However, you must pay a $125 reinstatement fee to DMV, file proof of enrollment in a DUI school and SR-22 insurance.
DMV Administrative hearing:
DMV may suspend or revoke a driving privilege due to a mental or physical condition. When you receive a notice from DMV informing you that an action will be taken against your driving privilege, you have 10 days to request the hearing if you were personally given your notice of action, or 14 days if the notice was mailed to you.
At the hearing, the driver has an opportunity to dispute the action ordered against his/her driving privilege and to present evidence on his/her behalf. The DMV hearing officer will decide whether any action against the driving privilege is warranted. The hearing officer can sustain the suspension, reduce it from its original term, offer a restricted license, or set aside the suspension.
DMV Negligent Operator hearing:
A negligent operator is defined in California Vehicle Code § 12810.5 as any driver whose driving record shows a violation point count of four points in 12 months, six points in 24 months or eight points in 36 months. The point count is based on traffic convictions or accidents.
At the hearing, the driver has an opportunity to dispute the action ordered against his/her driving privilege and to present evidence on his/her behalf. The DMV hearing officer will decide whether the driver should be classified as a negligent operator and whether any action against the driving privilege is warranted. The hearing officer can sustain the suspension, reduce it from its original term, offer a restricted license, or set aside the suspension.