Is there a difference between a DUI DMV hearing and a DUI court trial?
In California, the DUI Hearing is a criminal matter, and the DUI DMV hearing is regarding the status of the DUI defendant’s driver’s license. The actions and the penalties from the DUI Court hearing and the DMV hearings are separate and independent of each other.
The DUI criminal hearing prosecutes a DUI defendant for violations of law, and typically in a DUI, the DUI defendant is charged with violating Vehilce Code section 23152(a) &(b). The issue of which is the DUI defendant guilty of violating the law against driving under the influence. The consequences of a guilty verdict in a criminal DUI case comes with typical penal remedies under the law, such as jail time, fines, probabtion, parole, classes, DUI programs, etc.
Whereas, the Administrative DMV hearing is to determine if a DUI defendant should lose his driving privilege. If you lose the DMV hearing your driver’s license will be suspended. www.orangeduilaw.com
The DUI DMV hearing and the DUI court trial are separate proceedings with completely different objectives. As is discussed above, the DUI DMV hearing only addresses whether or not a person arrested for DUI will be subject to a DUI license suspension. The actual DUI court proceedings determine whether or not a person arrested for DUI is actually guilty of DUI and in violation of California drunk driving laws (Vehicle Code Section 23140 , 23152 , or, 23153). Though they are separate and distinct proceedings, the DUI DMV hearing and the normal DWI court trial are inherently linked. This is the main reason that a person arrested for California DUI should have a great DUI attorney at both their DUI DMV hearing and regular court trial. The result of the DUI DMV hearing can have a clear effect on the outcome of the DUI criminal proceedings and if a person has the DUI charges dropped or reduced in the court trial, they will need to a DUI attorney to argue their case to get driving privileges b
