Fresno, Madera, Hanford, Visalia DUI… What happens at the DMV hearing regarding the suspension of your driver’s license?
A DMV hearing, called the APS hearing, is an administrative action taken by the Department of Motor Vehicles (DMV) to determine whether your license should be suspended after an arrest for DUI.
This decision will be made based on only certain details, including: whether the law enforcement officer who arrested you had probable cause to believe you were driving under the influence; whether you were lawfully placed under arrest at that time; and were you driving a motor vehicle while over the legal limit of .08 as determined by a blood or breath test. This is all the DMV hearing will address. Those who refused the breath or blood test, after arrest, will also face license suspension.
The DMV hearing is an adversarial hearing in front of a DMV employee, who acts as the prosecutor and judge working against you. They may be very pleasant and nice people, but know this…they are not on your side! You really need a skilled DUI lawyer familiar with DMV hearings.