California DMV Consequences for DUI

San Diego DMV Drivers License Implications for DUI

The California Department of Motor Vehicles recently released statistics stating that 34% of all suspended drivers’ licenses resulting from San Diego DUI charges were reinstated by way of a DMV Hearing challenge.  When the suspendees were represented by a qualified DUI attorney, reinstatement ratios for DUI in San Diego increased up to 70%.

San Diego DMV Hearing FAQ’s

Q: I’m scheduled to appear in a San Diego court on the DUI charge. Is this the same as the DMV hearing?
A: No. The DMV Hearing is an administrative hearing that only addresses the driver’s privilege to drive in California. This is completely separate from the criminal charges pending in court.

Q: What are the issues in a DMV Hearing?
A: The Administrative Hearing does not determine whether you are innocent or guilty of a DUI. It only addresses whether or not the driver’s privilege to drive in California will be suspended.

Q: Am I obligated to have a DMV Hearing?
A: No. You are not required to request a DMV Hearing.

Q: Does the DMV Hearing substitute for the San Diego DUI court case?
A: No. The DMV Hearing and court case are independent of each other. The DMV Hearing deals with the circumstances surrounding a DUI arrest. The Court case deals with whether you are innocent or guilty of a criminal act.

Q: My driving privilege was suspended following my DMV hearing, but I was found not guilty of the DUI charge in San Diego criminal court. Do I get my license back?
A: In most circumstances, when a driver has been found “not guilty” of DUI charges in court, a suspension or revocation through the DMV will be overturned.

Q: My driving privilege was suspended following my DMV hearing, but the DUI charges were dismissed in the criminal court or the San Diego District Attorney decided not to file a DUI charge against me. Do I get my license back?
A: It depends. Current laws in San Diego (California) may permit a driver a renewed right to a hearing within one year of the arrest date when a DUI charge is dismissed or not filed by the San Diego District Attorney due to lack of evidence, or filed, but later dismissed by the court because of insufficient evidence.

Q: My driving privilege was suspended following my DMV hearing, but the DUI charge was reduced in criminal court to Reckless Driving. Does this overturn the DMV suspension?
A: No. A reduction of a DUI charge to Reckless Driving in the San Diego criminal court is separate from the administrative proceeding. Although the DMV will not take further action on your license, the original administrative suspension will stand.

Q: I had a DMV hearing and the hearing officer set aside the suspension and let me keep my license, does this mean I’m free and clear?
A: No. The DMV Hearing officer can only set aside the administrative action against your driving privilege. This decision is separate and/or independent from any criminal charge, sanction, penalty, or decision.