After being severed with an order of driving license suspension, the arresting officer will complete a form which sets forth the DMV to suspend the license called the “Officer’s Statement -Admin Per Se”. The document is signed under oath by the arresting officer and forwarded to the department immediately.
The arrestee has 10 days to contact a local DMV office of Driver Safety and request a license suspension hearing. If a telephone hearing has been set, your DUI defense lawyer will most likely call back to reschedule for an in-person hearing.
It is important for the DUI law firm to ensure that a hearing has been requested within the 10 days. If it has not been done yet, the DUI lawyer should contact the appropriate Driver’s Safety Field Office to make the request.
Vehicle Code § 13558(d) and (e) provide that your DUI lawyer can obtain a stay of the suspension if the request for a hearing was made within 10 days of the notice or if the requested hearing cannot be scheduled before the 30-day temporary license expires.
An administrative review will be conducted on the case to ensure that the evidence complies with the requirements for an administrative suspension. Once completed, a hearing date will be set.
The hearing will take place at a nearby location where the arrest occurred, usually held in a small office at one of the Driver Safety field offices unless the parties agree to a different location. The department will often grant a request for transfer if the parties do not need the live testimony of the officer or other witness. Fees will increase if counsel plans to subpoena the officer.
The hearing officer will conduct the case, conduct examination of any department witnesses, and cross examine the DUI client and defense witnesses. The officer will also decide who will win the case. DMV hearing officers act as prosecutor and judge and have the expertise a well.
Due process in California concerning DUI law and the DMV, apparently, centers upon a DMV employee who acts as prosecutor, judge and expert-at-large.
At any time prior to taking the evidence to the hearing, any party may request the disqualification of any administrative law judge or agency member by submitting an affidavit according to, [Gov C § 11512(c)].
Most importantly, an experienced DUI defense attorney has the greater chance of winning reinstatement of the license.