DMV hearings occur after an arrest for a driving under the influence ('DUI') charge. Since our driver's licenses are a privilege and not a right, we risk losing our privileges. These hearing are conducted by a non-lawyer hearing officer employed by the State of California. The DMV hearing is conducted to establish whether or not we retain the right to be licensed drivers on the roadway.
Three questions need to be answered in order for the DMV to sustain a suspension: 1) Did the arresting officer have reasonable suspicion to stop your vehicle? 2) Did the officer's investigation establish sufficient facts to lead her/him to believe you were impaired while operating your motor vehicle? 3) After arrest, did a submitted to test (blood/breath) determine that your blood alcohol content was .08% or greater at the time that you were operating your vehicle? If you refuse to submit at the time of your arrest, the third prong is satisfied automatically.