The hearings are recorded and are conducted by telephone or in person. At the hearing, the driver is informed of the legal grounds for the action, and has the opportunity to review and challenge the evidence of DMV, and to present evidence, witnesses, and testimony to persuade DMV to modify or rescind the action.
Following the hearing, the Driver Safety Hearing Officer will make a decision to uphold sustain , modify, or rescind set aside the DMV action. You have the right to be represented by an attorney or other representative at your own expense.
You are not required to have an attorney represent you. You have the right to review the evidence and to cross examine the testimony of any witnesses for DMV, and to present evidence and witnesses on your own behalf.
You also have the right to testify on your own behalf. Following the hearing, you have the right to receive a decision in writing. If the decision from the hearing is against you, you have the right to request DMV to conduct an administrative review of the decision, as well as the right to appeal the decision to Superior Court. Requests for the administrative review or to appeal the decision in court must be made within a certain time period dependent on the type of hearing and as described in the Vehicle Code.
These time periods and other specific information concerning your rights will be stated on the notice containing the hearing decision. Check the notice you received advising you of the action against your driving privilege. If the notice indicates you have the right to a hearing, you have 10 days following receipt of the notice to request a hearing. Be sure to identify yourself by your full name, your driver license number, and your date of birth.
You will also be asked to verify your correct mailing address. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the information contained in the translated content, please refer to the English version. This translation application tool is provided for purposes of information and convenience only.
The web pages currently in English on the DMV website are the official and accurate source for the program information and services the DMV provides. If any questions arise related to the information contained in the translated website, please refer to the English version. The appeal is valid only if their offense did not include an alcohol-related offense.
Criminal penalties will likely still apply. This notice includes what one must comply to reinstate their license and driving privileges. You will also need to pay any additional fines and fees associated with the suspension. Some individuals may need to get SR22 insurance depending on their alcohol-related or repeated offenses. You may need to pay a DUI fee depending on 1 st or 2 nd offense. An interlock ignition device IID is placed on your car for 5 months to 2 years depending on your county.
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