DMV Hearings: How to Prepare for Your License Suspension Hearing
Aug. 19, 2025
Losing your driving privileges in California can affect more than just your ability to get from point A to point B. A suspended license can interfere with your job, education, family responsibilities, and overall independence. If you've been arrested for driving under the influence (DUI), you’ll likely face a DMV hearing in addition to criminal charges. It's important to know how to prepare.
At the Law Offices of Andrew C. Janecki, I work with individuals facing license suspensions and DMV hearings every day. California’s DMV process is separate from your criminal case, but it’s no less important. You need to know what to expect and how to approach the hearing with confidence. Let’s break down the essential steps and strategies to help you get ready.
What a DMV Hearing Involves
A DMV hearing is an administrative proceeding that focuses strictly on your driving privileges—not on criminal guilt. It’s usually triggered by a DUI arrest and handled by the California Department of Motor Vehicles. You’ll receive a notice of suspension and be given the opportunity to request a hearing, which must be done within 10 days of receiving the notice.
Unlike a court trial, a DMV hearing is conducted by a hearing officer—not a judge—and the rules of evidence are more relaxed. That doesn't mean the hearing isn’t serious. Your ability to retain or reinstate your license could hinge on how well you present your case.
Why the Hearing Matters
Some drivers assume the DMV hearing is just a formality. In truth, it’s one of the few opportunities you have to prevent or delay the suspension of your license. A successful hearing can stop a suspension from going into effect, shorten its duration, or result in restricted driving privileges rather than a full suspension.
DMV hearings are also important because they allow your criminal defense attorney to review key evidence—like the arresting officer’s report or the results of a chemical test—early in the process. This information can inform your defense strategy in both the DMV hearing and any criminal proceedings that follow.
What the DMV Will Examine at the Hearing
The DMV is mainly focused on whether the arresting officer followed proper procedures and whether there's enough valid evidence to justify suspending your license. In DUI cases, the hearing officer will review a few key issues.
These include whether the officer had reasonable cause to believe you were driving under the influence and whether your arrest was lawful based on that suspicion. They’ll also consider whether your blood alcohol concentration (BAC) was 0.08% or higher at the time of driving, or whether you refused to take a chemical test.
If you were driving a commercial vehicle, the threshold is lower—just 0.04%. And for drivers under 21, having any measurable amount of alcohol can be grounds for suspension. These are legal and factual matters, which is why it’s so important to have a criminal defense attorney on your side.
Steps to Take Immediately After a DUI Arrest
Timing is critical after a DUI arrest in California. If you want a fair chance to fight your license suspension, early action is your ally.
Key first steps to take include:
Request a hearing within 10 days: You only have 10 calendar days from the date of arrest to request a DMV hearing. If you miss this deadline, your license suspension will go into effect automatically.
Hire a criminal defense attorney: Don’t try to handle the DMV hearing on your own. An experienced attorney can help you request the hearing, prepare your defense, and even represent you at the proceeding.
Request a stay of suspension: Your attorney can request that your license not be suspended until the hearing is complete. This allows you to keep driving temporarily while your case is pending.
Gather documents and evidence: Start collecting relevant documents, such as the arrest report, chemical test results, and any notes or observations from the incident.
These initial steps are foundational and set the tone for what follows. Once you’ve met these deadlines, it’s time to focus on building a strong case.
Preparing Evidence and Witnesses
Your case is only as strong as the evidence you present, which includes both physical evidence and witness testimony. A solid defense isn’t just about denying accusations—it’s about building a full and credible picture that supports your right to keep your license.
Valuable evidence can include body cam or dash cam footage from the arrest, as well as witness statements from passengers or others who were present. Medical records may help explain unusual test results or symptoms that might have been misinterpreted. Professional testimony can also be used to challenge the reliability of a breath or blood test.
Additionally, showing whether the stop was lawful—or proving that it wasn’t—can significantly impact the case. A criminal defense attorney can help gather, organize, and present this evidence clearly, giving the hearing officer a more accurate view of what actually happened and why your license shouldn’t be suspended.
Common Defenses Used in DMV Hearings
Every case is unique, but some defenses come up often and can be effective when backed by strong evidence. One common defense is that you weren’t actually driving—the officer must prove you were behind the wheel at the time of the alleged offense.
Another defense challenges whether the officer had probable cause to stop you in the first place; if the stop wasn’t lawful, any evidence that followed may be invalid. In some situations, the rising BAC defense applies, where your blood alcohol level was under the legal limit while driving but increased afterward due to how alcohol is absorbed.
Testing errors are another possible defense, as breathalyzers and blood tests can produce inaccurate results if the equipment is faulty or the procedures are mishandled. Lastly, it’s possible that a driver’s refusal to take a test was misunderstood—they may not have been aware of their rights or the consequences of refusing.
These defenses require preparation and, in some cases, input from medical or scientific professionals. Your criminal defense attorney can evaluate which strategy is most appropriate for your case and build a defense tailored to your situation.
What Happens After the Hearing?
Once the hearing officer makes a decision, you'll receive notice by mail. If the decision goes in your favor, the suspension will be set aside. If not, your license may be suspended or restricted based on the hearing results. Options after an unfavorable outcome:
Request a restricted license: In some cases, you may qualify for a restricted license that lets you drive to and from work or school.
Appeal the decision: You have the right to appeal the DMV’s ruling through an administrative review or superior court.
Install an ignition interlock device (IID): For some DUI-related suspensions, installing an IID can help you regain limited driving privileges.
Your criminal defense attorney will guide you through the next steps and help you decide how to move forward if the hearing doesn’t go as planned.
How an Attorney Can Help You
You’re not required to have legal representation at a DMV hearing, but having a criminal defense attorney significantly improves your chances of success. From challenging evidence to presenting a strong argument, your attorney handles the procedural and legal issues so you don’t have to do it alone.
A skilled criminal defense attorney supports your case in several important ways. They make sure the hearing is requested within the strict deadline and handle all necessary paperwork. They’ll carefully analyze your arrest report and chemical test results to identify any errors or weak points that could be used in your favor.
Your attorney will also prepare your defense by gathering relevant evidence, organizing witness testimony, and crafting a strategy that aligns with your circumstances. During the hearing itself, they’ll represent you—either in person or by phone—arguing your case and cross-examining the officer when appropriate.
Additionally, although DMV hearings are separate from your criminal case, your attorney can use the hearing as an opportunity to uncover evidence and information that may benefit both proceedings. Attorney Andrew C. Janecki has helped many clients fight back against license suspensions and DUI charges.
Contact The Law Offices of Andrew C. Janecki Today
Preparing for a DMV license suspension hearing takes time, strategy, and the right legal support. That’s why working with an experienced criminal defense attorney is essential to protecting your rights. Whether you’re in Palo Alto, San Jose, San Francisco, or Berkeley, the Law Offices of Andrew C. Janecki is here to protect your rights and help you move forward. Call today.