After a DMV hearing, it can take anywhere from a few days to over a month to receive the notice of hearing results in the mail. The timeframes can vary by state. The workload of the DMV hearing officer will also matter. Once you receive the results, you have the right to appeal.
What are the potential results of a DMV hearing?
The outcome of the DMV hearing is strictly confined to your driver’s license. Even if the DMV hearing pertained to a criminal traffic offense, the DMV can only punish you through your driver’s license. DMV hearing officers can:
- set aside the action and restore your driving privileges through a license reinstatement,
- issue a license suspension, or
- issue a license revocation.
They cannot, however:
- impose fines, or
- set jail time.
How can I appeal a decision to uphold the driver’s license suspension?
If you are not happy with the outcome of your DMV hearing, you can appeal it. Appeals can be done with an internal review or by appealing directly to state court. Instructions for appealing the decision will be included in the notice that is sent with the results of the hearing. There is often a filing fee for an appeal. There will also be a time limitation for the appeal.
In most states, an appeal will not trigger another hearing. Instead, another DMV officer or a judge will review the record of the initial hearing. They will look for procedural errors or for a wrongful application of the law.
If you want to appeal the outcome of your DMV hearing, you should strongly consider hiring a criminal defense attorney. These lawyers are familiar with the process, having defended clients accused of criminal traffic violations and drunk driving.
How does it work in California?
In California, the results of a DMV hearing can be received between a couple of days and a little over a month. However, they are usually received between 10 days and 2 weeks after the hearing. The timeframe can change, depending on the DMV office and the hearing officer. The results are sent in the mail to your address that the DMV has on record.
California DMV hearings can be requested if your driver’s license is about to be suspended. This can happen if you:
- failed a DMV reexamination, often an issue for elderly drivers,
- are alleged to have a medical condition that could make you unsafe on the roadway,
- have accumulated too many negligent operator points on your driving record, or
- have been arrested by a police officer for a serious traffic violation, like driving under the influence of alcohol (DUI).1
The circumstances for the license suspension will determine the type of DMV hearing:
- failed reexaminations or medical conditions will trigger a Physical and Mental Condition, or P&M, hearing,
- negligent operator points will trigger the Negligent Operator Treatment System (“NOTS”) process and a NOTS hearing, and
- an arrest will trigger a Driver Safety Administrative Per Se hearing, or APS hearing.
All of these hearings will be conducted at the local California DMV safety branch office.
Your rights at a California DMV hearing
You have legal rights at these hearings. You have a right to:
- be represented by a lawyer, at your expense,
- subpoena defense witnesses,
- cross-examine your arresting officer,
- view and challenge any evidence presented against you, and
- testify on your own behalf.
The defenses that you can raise will depend on the type of hearing it is. For example, if your hearing stems from a DUI arrest, you can argue that:
- the chemical test used to determine your blood alcohol content (BAC) was not correctly calibrated,
- the officer did not have probable cause to initiate the traffic stop, or
- the test results from your breath test or blood test were skewed by a medical condition or environmental factor.
You can appeal the outcome of your hearing. The instructions and time frame for appealing will be on the written notice of the decision. You can demand a departmental review or can appeal straight to the California Superior Court. The fee for a departmental review is $120. A court appeal has to be done through a writ of mandate. Filing a writ of mandate usually costs between $2,500 and $3,000 in California.
DMV hearings vs. criminal cases
If your DMV hearing regarding the license suspension stems from a criminal traffic offense, the administrative hearing is separate from the criminal court case. An adverse outcome at the DMV hearing will not directly influence your criminal case or DUI case. However, evidence presented at the DMV hearing can give law enforcement and your DUI defense lawyer a better idea of the strength of your criminal or DUI charges. This can help your DUI attorney secure a better plea deal or outcome at your criminal trial.
Even if your criminal traffic offense or drunk driving case leads to a conviction, you can still benefit from the legal advice of an attorney or DUI lawyer from a reputable law firm. An attorney from a local law office can help you get a restricted license. They can also help to reduce the inconvenience of a license suspension by helping you get an ignition interlock device (IID) installed.
Additional resources
For more information, refer to these articles by the California DMV.
- Administrative Hearings – General information about the process of contesting your driver’s license suspension.
- Driver Safety Administrative Hearing Process – A step-by-step guide to DMV hearings in California.
- Negligent Operator Treatment System Hearings – Information about how to contest your license suspension following a “negligent operator” designation.
- Subpoenas for Hearings – A form you can use to subpoena witnesses to appear at your DMV hearing.
- Driver Safety Offices – A list of addresses and phone numbers of DMV offices throughout California.
Legal References:
- California Vehicle Code 23152 VC.
