DMV Hearings for Commercial Drivers Facing DUI Charges
If you are a commercial driver arrested for DUI in California, one of the most important steps you must take is to request a DMV administrative hearing. A DMV hearing determines whether your driving privileges, including your commercial driver’s license (CDL), will be suspended. Unlike the criminal court process, which handles penalties like fines and potential jail time, the DMV hearing is an entirely separate administrative process. Missing this step could lead to severe consequences for your career since you are facing a one year suspension on your license.
Request a DMV Within 10 Days of Your Arrest
Time is of the essence for commercial drivers facing DUI charges. Under California law, you have only 10 days from the date of your arrest to file a request for an administrative hearing with the California Department of Motor Vehicles (DMV). If you fail to act within this window, your license will automatically be suspended—even before your criminal case is resolved. This suspension includes both your personal driver’s license and your CDL, which can mean an immediate inability to work.
How the DMV Hearing Works
The DMV hearing, officially known as an Administrative Per Se (APS) hearing, reviews the circumstances of your DUI arrest to determine whether your license suspension is justified. During this hearing, the DMV hearing officer, not a judge, will assess evidence such as:
- Whether the arresting officer had probable cause to stop you
- Whether a chemical test confirmed your blood alcohol concentration (BAC) was above the legal limit (.04% for commercial drivers)
- Whether proper procedures were followed during your arrest and testing
This is a technical and evidence-driven process. The burden of proof is lower because the purpose of the hearing is to determine the status of your driving privileges based on administrative law.