DMV Hearings

 If you have been arrested for DUI or received a citation for DUI, it is critical to contact the Law Offices of Michael E. Mitchell as soon as possible.  You have 10 (ten) days to schedule a DMV hearing, otherwise known as an admin per se (APS) hearing.  Upon your arrest or receiving a citation for driving under the influence, the officer most likely handed you a pink APS (admin per se) sheet.  This sheet states that you have 10 (ten) days to request a hearing from DMV. We can help you set your DMV hearing immediately.  We will also request a stay of the suspension of your driver’s license pending the outcome of the DMV hearing.  We will also request discovery from the DMV hearing officers (police reports, CHP reports, Park Service reports, breathalyzer records, blood test results, etc.) 

 Hiring a Local Firm

 Don’t make the mistake of hiring an out-of-town DUI firm who is unfamiliar with the local DMV office or its hearing officers.  Many of these out of town law firms, perform the DMV hearing telephonically. Our office performs each and every DMV hearing in person, face to face.

 How will the DMV Decide my Case? 

The DMV hearing is separate from the criminal phase of your DUI case.  People often find this confusing, since they often think the judge decides whether to suspend your license or not.  However, that is not the case.  Under the current law, the decision whether your license is suspended or not is decided by the DMV.

The DMV hearing officer must make a finding of four criteria in order to render its decision.  The hearing officer must decide if all four of the following factors exist to submit a decision to the DMV that your license should be suspended:     

1. Were you driving a motor vehicle?
2. Was there reasonable suspicion for the officer to stop you or contact you?
3. Were you lawfully arrested before you were given an evidential chemical test?
4. Did you have a measurable blood alcohol concentration (BAC) of .08%?

If any one of these four criteria are missing the DMV hearing officer must set aside the suspension of your license.  In other words, the DMV must reinstate your license at no cost to you. 

 What are My Rights at the DMV Hearing?

First, you have the right to be represented by an attorney at the DMV hearing.  You have a right to subpoena witnesses on your behalf for the DMV hearing.  However, since DMV hearings are civil in nature, you have to pay for the issuance of subpoenas.  Some governmental departments, such as CHP charge a fee for the officer to testify at the hearing.  Typically, in the Central Valley, police officers do not charge a fee to testify at the DMV hearing.  However, this may change, if they start claiming fees under the Government Code.  In addition, if you decide to retain an expert witness based on financial ability and our advice, you may call an expert witness to testify on your behalf at the DMV hearing.

 What if the DMV Decides Against Me? 

You can appeal the DMV’s decision if they decide to suspend your license.  The Law Offices of Michael E. Mitchell has had success in getting the DMV to set aside the suspension despite an adverse ruling from the hearing officer by filing a writ (a fancy word for appeal) with the Superior Court.  The Superior Court has jurisdiction to evaluate the decision rendered by the DMV hearing officer.  The Superior Court will exercise its independent judgment to determine if the DMV hearing officer’s decision was supported by the facts.  If the decision was incorrect, the Superior Court can overturn the decision of the hearing officer and order the DMV to terminate the suspension of your license.

What if I don't Live in the Central Valley?

For many DUI offenders, they are not from this area and do not want to return.  I have represented both out of state clients and clients residing as far away as and .  The Law Office of Michael E. Mitchell can appear on your behalf without the hassle of you having to come to court or appear at the DMV hearing.  In fact, we have represented clients who live as far away as Belgium and Canada.  We also represent out-of-state drivers charged with DUI while they were visiting California.

Our Commitment

The Law Offices of Michael E. Mitchell will schedule your DUI court date and appear at your arraignment and all subsequent stages of the criminal court process. The Law Offices of Michael E. Mitchell can do all of the following immediately:  

1. Evaluate your case.
2. Give you expert DUI advice.
3. Set your DMV hearing immediately.
4. Request a stay of your suspension.
5. Obtain discovery from DMV.
6. Schedule your Court Date.
7. Appear on your behalf in court* and at DMV.
8. Vigorously Defend your DUI criminal case and DMV hearing.

Fresno DUI Lawyer

Fresno Criminal Attorney

The Law Offices of Michael E. Mitchell defends clients charged with DUI / DWI and traffic offenses in California's Central Valley and San Joaquin Valley, including Fresno County, Tulare County, Merced County, Madera County, County of Kings, Mariposa County, Fresno, Tulare, Merced, Madera, Kings County, Mariposa, Visalia, Hanford, Dinuba, Los Banos, Selma, Kingsburg, Clovis, Sanger, Reedley, Kerman, Parlier, Coalinga, Firebaugh, Fowler, Mendota, Visalia, Avenal, Corcoran, Lemoore and Lemoore Naval Air Station (NAS), Porterville, Bass Lake, Shaver Lake, Yosemite National Park, Sequoia National Park.  We also defend motorists pulled over for traffic violations along San Joaquins roads and highways including interstate 5 and highways, 49, 41, 99, 168, 192, 180.