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Request for Administrative Review

An unsuccessful DMV hearing following a California drunk driving arrest will result in a driver’s license suspension of at least four months, but there are several options available to appeal that decision. One option available is a request for administrative review. The experienced DUI / DWI defense lawyers at The Kavinoky Law Firm are skilled in every aspect of appealing an unsuccessful Department of Motor Vehicles hearing and fighting to protect the driver’s license.

Every driver arrested for DUI / DWI in California must request a DMV hearing within 10 days of arrest, or the driver’s license will be automatically suspended. Drivers who lose their hearings can request an administrative review of the decision in an effort to restore driving privileges.

A request for administrative review involves asking the Department of Motor Vehicles in Sacramento to review the DMV hearing officer’s decision. The cost of filing a request for administrative review is $125, and it must be submitted within 15 days of the DMV hearing officer’s ruling.

A skilled DUI / DWI defense lawyer will review the DMV hearing thoroughly to determine whether any legal errors were made on the part of the DMV hearing officer that might serve as a basis to overturn his or her decision.

The chances of successfully overturning the Department of Motor Vehicles hearing officer’s decision with a request for administrative review are minimal, but the driver can sometimes prevail. However, the DMV is fairly unlikely to overturn a decision by its own hearing officer unless the defense presents a very strong argument.

If the driver’s request for administrative review of an unfavorable DMV hearing outcome is unsuccessful, there is another option available – filing a writ of mandate with the state attorney general’s office. This action is more likely to help the driver – although the attorney general’s office will represent the Department of Motor Vehicles, it’s the first opportunity to have someone, other than the defense lawyer, with actual legal training review the case.

It may be possible to have the driver’s license suspension stayed pending the outcome of the writ of mandate petition. However, to do so, the defense must demonstrate that the petition has merit, and that the driver poses no risk to the community if allowed to continue to drive. One way to demonstrate this is through the use of an ignition interlock device – technology installed into a vehicle that prevents the car from starting if the driver has a measurable blood alcohol content (BAC).

Submitting a request for administrative review to the Department of Motor Vehicles is one way to challenge an unsuccessful DMV hearing after a California drunk driving arrest. The experienced DUI / DWI defense attorneys at The Kavinoky Law Firm are skilled in every aspect of requests for administrative review, and will fight aggressively to protect an accused drunk driver’s license, rights and freedom.