DMV Frequently Asked Questions

Q. How do I schedule a DMV hearing?
A. The Law Offices of Barry Sands will help schedule a DMV hearing immediately and work with you to get the facts in order before the set date.

Q. Do I really need an attorney present at my DMV hearing?
A. YES! Having an attorney present that knows the law and is experienced enough to know how the DMV will present their case against you is imperative. Barry Sands is an ex-deputy district attorney and has been on the other side of the law. He knows what they will ask and how to defend you. His experience will be the deciding factor in you keeping your license or having it taken away.

Q. What happens at a DMV hearing?
A. The DMV hearing will be run by a Driver Safety Officer, who is employed by the DMV and who is not a lawyer. The Driver Safety Officer will decide whether there is a "preponderance" of the evidence that you were driving under the influence of alcohol or drugs. These hearings are very technical, often involving issues of whether there were procedural or bureaucratic errors, and an experienced DUI lawyer is essential to present your best possible arguments.

The hearing officer usually will not make a decision on your suspension until days or even weeks after the hearing. A decision against you can be appealed to the DMV in Sacramento and/or to the Superior Court by filing a writ, although there must be strong legal grounds in your favor for a writ to change the outcome.

The decision in the DMV license suspension hearing will not affect your criminal case one way or the other.