The DMV Admin Per Se Hearing

The DMV Admin Per Se process is often confusing to many people, especially those facing a first time DUI.

It's important to remember that being charged with a DUI has two completely separate aspects that must be dealt with: the Court and the DMV. Unlike the criminal process at Court, the DMV is a civil matter, run by their Office of Driver Safety.

The DMV hearing officer acts as both judge and prosecutor in this procedure. They are only interested in three issues:

1) Did the arresting officer have reasonable cause to believe that you were driving under the influence;

2) Was the arrest lawful, and;

3) Was your blood alcohol level at a .08 or higher at the time of driving, based on a properly administered chemical test.

The DMV hearing process is essentially won or lost based upon technical issues that only experienced attorneys used to dealing with the DMV can raise and argue for you.

Keep in mind that you must request your hearing within 10 days of the date the arresting officer gave you the Notice of Suspension and temporary driving license. If you fail to request the hearing within that time, the DMV is not obligated to schedule the hearing before the license expires.

Also, since strategy in scheduling the DMV hearing is also an important part in successfully defending your driving privilege, you should obtain an attorney to represent you as quickly as possible so that he or she will be the person who contacts the DMV to request the hearing.

In some ways, the DMV's punishment is even harsher than the court's, since the DMV will actually suspend your driving privilege for four months if you fail to request the hearing or do not successfully defend it.