At the beginning of 2022, the law regarding DUI diversion changed. DUIs are no longer eligible for diversion in California. Please contact our office with any questions. Email us at OR Call us at: (415) 523-7878

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What Actually Happens At An Admin Per Se Hearing?

At an admin per se hearing, a hearing officer will sit across a table from me and record our conversation. I may have an expert witness or my client with me, but typically it is just the hearing officer and me. Documents related to the case (such as police reports and driving records) will be marked as evidence, and the DMV will present the evidence that they have against my client. The DMV will also present witnesses if necessary. Part of the police report will have been signed under penalty of perjury by the officer, which allows the DMV to bring it in as a record that was generated in the ordinary course of business duty. That will be allowed in as evidence without the officer having to come in and testify. So, that is something which shows time of arrest, location, some of the objective symptoms that were observed by the officer, and the evidential chemical test results.

The body of the report is usually the part of the documentation that is used by the DMV against someone. The results of the chemical tests and the date and time of arrest come in automatically. If there are issues, then we can object to them, and we often do. After the DMV has had a chance to present witnesses, both sides will make closing arguments. The DMV will make a ruling and then send the results of the hearing to us in writing, which can take a week or two to receive.

Am I Going To Have To Pay A Reinstatement Fee For A License Suspension Or Revocation?

A person will generally have to pay a reinstatement fee of about $140 for a license suspension.

Do Infractions On My Driver’s License Affect My Eligibility For A Reinstatement After A DUI?

Infractions on a driver’s license can affect a person’s eligibility for license reinstatement after a DUI. If a person has picked up too many points, then they may face a negligent operator hearing. For example, if someone is involved with a DUI-related accident, then they will receive one point for the accident and one point for the DUI. If they get another ticket afterwards, then they would not be eligible for traffic school. If they had a DUI within the twelve months preceding the current DUI and they did not complete traffic school, then that would be four points. There could also be a hearing where they would face six months of suspension based on the negligent operator many point procedures, which is six points within two years, four points within 12 months, or eight points within three years.

This is one of the reasons that I am always asking my clients whether or not they have any tickets or points on their record, especially recent ones. We would need to know about them in order to be prepared for the DMV to suspend the license for having too many points. If someone does get a negligent operator action brought against them by the DMV and two or three of the points were from a DUI with an accident, then we can usually get the DMV to reinstate the license after a hearing. However, doing so would require jumping through a lot of hoops. If it’s ignored, then the license will just get suspended.

For more information on Admin Per Se Hearing In California, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 523-7878 today.

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Aaron Bortel
With 30 years of specialized experience in DUI defense, Attorney Aaron Bortel is a dedicated advocate for those facing DUI charges in the Bay Area. Committed to helping clients avoid jail, save their driver’s licenses and jobs, and prevent permanent criminal records, he combines deep legal expertise with genuine care for his client's welfare. Trust in a lawyer who not only defends but truly supports you through challenging times.

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