Driving is such an important part of our daily living that many people do not realize how much time they spend behind the wheel until their license is suspended or revoked. If someone is arrested for DUI, they are faced with two DUI proceedings: a DMV procedural hearing and the criminal prosecution.
In these cases a person has no right to a public defender, there is a lower standard of proof, and there is no protection against self-incrimination. If a person fails to submit a timely request for an APS hearing, the California DMV will automatically suspend your driver’s license for a period of four months to a year.
The hearing will be scheduled with a DMV officer, and unlike criminal cases there is no judge or jury who will determine one’s guilt. The DMV officer is the one who actually determines if someone license will be suspended. Since the DMV hearing process is pretty much unfair, the best thing to do is to bring an attorney who knows the inside out of the process to use to a person’s advantage.