December 19, 2008, Newsletter Issue #146: The Difference Between Your DMV Hearing and a DUI Trial

Tip of the Week

If you had your license taken away at the time of your DUI arrest, this is known as a California (or whatever state you reside in) administrative license suspension. It is up to you to request a hearing to get your license back. This is done at the Department of Motor Vehicles in your state, and has nothing to do with the trial.

The major difference between the DMV hearing and a DUI trial is one of establishing guilt or innocence. Your DMV hearing won't clear or condemn you of any charges. The hearing only deals with the circumstances of your arrest. You should also know that if the DMV hearing results in a continued suspension of your license, you will need to stay in touch with the DMV if required, regardless of the outcome of your case. Consider the hearing and the trial to be completely separate.

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