A DMV hearing is an administrative hearing where a hearing officer acts as both the judge and the prosecutor. The proof need is only a preponderance (51%). On the other hand a jury trial is in front of a jury who decides the facts and applies the law given to them by the Judge. The Judge is a neutral party while a prosecutor puts on the evidence intended to convict. Probably the biggest difference is the evidence must show beyond a reasonable doubt that you are guilty in order to to convict you. That's a very high standard

Answer Applies to: California
Replied: 8/20/2011

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The DMV hearing and DUI matter are completely different and independent of each other. The procedures are also very different. The DMV hearing is an administrative hearing where a hearing officer decides whether your license is suspended or not. The criminal case, where you are facing jail time, probation, fines, etc is handled in a completely different manner. You need to immediately consult with our law firm.

Answer Applies to: California
Replied: 8/19/2011

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The DMV hearing is to decide on the issues involving the proposed suspension of your license and the court action is the criminal charge itself. You really should have an attorney explain this to you in detail at a consultation or you should hire one since you will not be able to handle this matter adequately yourself.

Answer Applies to: California
Replied: 8/19/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

DMV hearing is not criminal, it is administrative. And, you do not HAVE to file for a DMV hearing, you MAY. The hearing is to try to avoid the automatic license suspension for a year. When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one-year suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things effectively, then hire an attorney that does. Of course you can fight the criminal charges. Conviction could result in up to 6-12 months in jail, although not likely if a first offense. When arrested or charged with any crime, like DUI, the proper questions are, can any evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate.

Answer Applies to: California
Replied: 8/18/2011

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These are very different proceedings. The DMV hearing (also known as the Administrative Hearing) is optional. Within 10 days of getting a DUI, you need to notify the DMV if you would like a hearing to contest the suspension of your license. If you want a hearing, you will be given a date. You may go to the hearing alone, with a lawyer, or send a lawyer in your place. It is conducted in an office by a DMV officer. Sometimes the police officer is present, sometimes s/he testifies by phone, sometimes they just use the police report. The legal standard for the DMV officer to follow is merely to find by a preponderance (more likely than not) that you drove with a blood alcohol level of .08 or more. Because the standard is so low, the majority of people lose their DMV hearing. The criminal case is completely separate and different. You must attend or you may send an attorney if it is a misdemeanor. Most importantly, the legal standard of proof is different: for criminal cases you must be proved guilty beyond a reasonable doubt, the highest possible standard. So, it is not uncommon for someone to lose their DMV hearing but prevail on their criminal case. If this happens, you may have the DMV revisit the case.

Answer Applies to: California
Replied: 8/18/2011

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They are totally different. The DMV hearing is very technical, so a skilled attorney can often win with legal technicalities. Court is more concerned about the hard evidence. Neither is related to the other. In other words, you can win one and lose the other, or vice versa. And yes, you must attend both. Consider hiring a DUI specialist to represent you in both proceedings.

Answer Applies to: California
Replied: 8/18/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

There are two hearings because the law makers thought it a good idea. Go figure. It seems that every new legislature wants to make their chops by going harder on DUI s. The DMV hearing is a short and sweet hearing where you have no right to a jury and the hearing officer is a DMV employee who has been given orders to uphold the suspension except under the most unusual circumstances. The court hearing is a much more formal proceeding where you will at least get the normal " due process " rights and you have the option of a jury.

Answer Applies to: California
Replied: 8/18/2011

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The first difference is that at a DMV hearing you don't get a public defender.

Answer Applies to: California
Replied: 8/18/2011

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The DMV hearing covers some of the same issues, such as whether your were lawfully arrested and whether your blood alcohol level was over .08% or more at the time of driving. They have vastly different procedures, however, which are too numerous to detail here. You can but don't have to attend either one if you hire an attorney. I highly recommended hiring an attorney who focuses on DUI work who can explain this in more detail and handle such a matter, such as this office.

Answer Applies to: California
Replied: 8/18/2011

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The DMV hearing is an administrative per se hearing on your license status. It is often held telephonically but can be in person. The DMV hearing officer will hear argument and evidence as to whether the stop was valid and whether your BAC was over .08%. There are no criminal penalties at the DMV hearing, only potential for license suspension. The court has jurisdiction over the offense as a misdemeanor criminal offense.

Answer Applies to: California
Replied: 8/18/2011

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The DMV hearing is an administrative hearing separate from the court. The DMV hearing is restricted to determining if suspending your license was appropriate. If you can show evidence that it wasn't then you will retain your driving privileges. If not, (assuming a first DUI) you will lose all driving rights for a month with a suspension for five months after that. You don't have to attend/have a DMV hearing; if you don't then you will automatically receive a suspended license. Regardless of the outcome of the DMV hearing, you still have to plead your case in court. The court can assess fines and incarceration if you are found guilty. So - yes, the two hearings are different.

Answer Applies to: California
Replied: 8/18/2011

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The DMV is in charge of suspending your license and the Superior Court handles the criminal charge of driving under the influence. The DMV hearing is handled by a DMV officer who is neither an attorney nor a judge. It's also likely handled at the Driver's Safety Office. You need to attend both hearings so that you can handle both the license suspension and criminal matters.

Answer Applies to: California
Replied: 8/18/2011

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Yes. The DMV can take away your license. Court can send you to jail, give you fines, and place a misdemeanor on your record. If you plead not guilty in court, you will ultimately have a jury trial, where the prosecutor must prove you guilty to 12 people beyond a reasonable doubt. In a DMV hearing, you have much less rights and less formality. The "prosecutor" is the dame person as the "judge” that is the DMV hearing officer. DMV will deal only with 2 issues whether there is probable cause for your stop, detention, and arrest, and whether there is proof that you drove a motor vehicle with at least .08 in your bloodstream but they do not have to prove it beyond a reasonable doubt.

Answer Applies to: California
Replied: 8/18/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

A DMV hearing is an administrative hearing that deals with the suspension of your license. Only the DMV has power to suspend or revoke your license. The Court trial deals with the criminal aspect of driving under the influence. A DUI charge is a misdemeanor or felony offense (depending on the facts); therefore, you will need to appear in Court to handle your case. It is important that you attend both hearings, as the Court hearing is mandatory and the DMV hearing will allow a stay on your suspension, pending the final decision by the DMV hearing officer.

Answer Applies to: California
Replied: 8/18/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.