Because no person shall be deprived of property without due process of law, it is still necessary to undergo a DMV (Department of Motor Vehicles) hearing despite the fact that you have already been scheduled to appear in court for the DUI (Driving Under the Influence) charge.  DMV hearings do not determine if you are guilty of the DUI act but it is simply an administrative process to determine if you can still keep your driver’s license of if the DMV is to revoke it.  The hearings of the DMV are conducted or governed differently from the DUI hearings, since the DMV hearings deal with the circumstances surrounding your DUI arrest and which will determine whether you are keep you license or not and DUI hearings determine whether you are guilty of drunk driving of not.  The circumstances checked on by DMV hearings are your behaviour towards your arresting officer and your lawful due of a rightly conduct at the time of arrest.

Sometimes these are different results between findings of the DUI and DMV hearings, but when the DUI case is an acquittal, then this will be the final decision.  In other words, the suspension of your driver’s license will have to be reviewed and revised to equal the DUI acquittal.  However, if the DUI pronounces a guilty sentence on the arrested person, it will not be the same for the DMV.  If the DMV rules in favor of your keeping your license, then despite the guilty charge of the DUI court, the DMV ruling stands except that your license will be put under restrictions.

Under the restricted license, the DUI felon would still be allowed after a mandatory thirty day suspension, to drive under restricted rules.  This includes undergoing a DUI treatment program where filing a proof of financial responsibility is included and a reissuing fee to have your license back.

This restricted license ruling holds true for those with commercial licenses but were driving a non-commercial vehicle at the time of the incident.  Since the driver was not driving a commercial vehicle when the incident happened, then he will still be allowed to drive to and from work, and to and from the DUI treatment program.

 If after ten years a second DUI offense occurs, the driver can still acquire a restricted license after the mandatory submission of exactly the same proof of enrolment in a DUI treatment program at http://www.californiadmvhearings.info/fatality/ and other documents that has been mentioned above.  In the second offense, an alcohol program will already be included.

You cannot apply for any type of restricted license for a third DUI offense. Learn more about hearing at https://en.wikipedia.org/wiki/Hearing_(law).


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