DMV Hearings

In addition to representing clients accused of DUI in court, attorney Richard M. Oberto offers clients expert representation in Department of Motor Vehicle hearings where their Drivers' Licenses are at stake. The DMV hearing is separate from any court proceeding. A DMV officer is responsible for presiding over the hearing and deciding whether to uphold a suspension or revocation of a person’s Driver’s License.

A person who has been arrested for Driving Under the Influence must act quickly to request a DMV hearing and prepare to defend his Driver's License. The rules for appealing an adverse DMV decision are also subject to strict procedures and time deadlines. Mr. Oberto can provide expert guidance and skilled defense during the complex process.

A person is entitled to Due Process when the the DMV moves to suspend or revoke his driving privilege. A person who timely requests a DMV hearing has the right to see the evidence against him, cross-examine adverse witnesses, subpoena and present witnesses in his defense, and be represented by an attorney. A person must take care to follow the necessary procedural steps so that he can exercise his rights. In some cases, a person may want to present expert testimony in his defense. Mr. Oberto has extensive experience working with experts and using expert testimony to provide his clients the best representation.

California's “Admin Per Se” law requires that the arresting officer in a DUI case initiate the process of suspending or revoking the suspect's driving privilege. The DMV is responsible for reviewing documentation that the officer submits and determining whether the arrested person violated the applicable drunk driving law. The DMV's initial determination based on the documentation is final unless the person makes a timely request for a hearing.

The arresting officer has four main duties under the “Admin Per Se” law. First, he must prepare a sworn written statement explaining the basis for his arrest. Second, he must confiscate any Driver's License that the arrested person has in his possession. Third, he must serve the arrested person with notice of an order revoking or suspending his driving privilege. The order does not take effect until thirty days from the date of service. Fourth, the officer must forward the sworn statement, confiscated Driver's License, and notice of order to the DMV.

Based on the sworn statement that the arresting officer submits, the DMV makes an initial determination about whether the arrested person violated the applicable drunk driving law. If the DMV concludes that the documentation does not establish a violation, it must set aside the order revoking or suspending the person's driving privilege. If the DMV concludes that the documentation does establish a violation, the order that the officer served on the arrested person remains in effect. A person who wants to challenge the DMV’s initial determination must make a timely request for a DMV hearing.

A person must request a DMV hearing no later than ten days from the date he was served with notice of the order suspending or revoking his driving privilege. The arresting officer in a DUI case ordinarily serves notice of the order at the time of arrest. Consequently, a person usually can calculate the deadline to request a DMV hearing by counting ten days from the date of arrest. In cases where the arrest occurred as the hour was approaching midnight, the officer may not have served notice of the order until the next calendar day. A person should check the paperwork giving notice of the order to confirm the date of service written on it.

Many people who are arrested for DUI have a valid Driver's License at the time of arrest. When the arresting officer serves the suspect with notice of an order suspending or revoking his driving privilege, the order does not take effect until thirty days have passed. Until the order takes effect, it provides an endorsement of a Temporary Driver's License. A person may rely on the temporary license as long as his Driver’s License is not suspended or revoked for any reason independent of the recent DUI arrest.

A person who makes a timely request for a DMV hearing has the right to a hearing within the thirty-day period that the temporary license provision applies. In some cases, the person waives his right to a hearing within the thirty-day time frame so that he can prepare a defense. The waiver of time does not extend the temporary license, which still expires after the thirty-day period.

Mr. Oberto welcomes people to contact him 24/7 at (559) 221-2557 to request an initial consultation. Se habla Espanol.

People also may contact Mr. Oberto to request an initial consultation using the contact form available on this website. Please do not use the contact form to write down sensitive information. Information communicated over the internet, including through this website, may not be considered confidential or privileged.