When you were arrested by law enforcement for suspicion of driving under the influence, the officer may have taken your physical license away from you. If the officer did so, the officer MUST give you a DS 367 pink form as your temporary license and notifiying you of your 10 day deadline to request a hearing. Otherwise, your license will be automatically suspended or revoked.


The day you request a hearing, the DMV hearing officer assigned to your case will begin requesting the State's evidence against you. The hearing officer must provide you with all of the evidence the State has provided them. This can be video, audio recording, test results, police reports, witness statements, and other information the State wishes to use against you. By requesting the hearing, you now have been empowered to subpoena information and witnesses. You now have the power to question the law enforcement officer under oath and pin them to their story. This is a great tool to get as much evidence from and against the State before ever walking into a criminal courtroom.


The hearing can be conducted in person at a DMV field office or telephonically. The choice is yours. The hearing officer acts as judge, jury, and prosecutor for your case. The hearing is not like court where you have to be found to have committed the crime beyond a reasonable doubt. The hearing officer has no legal training. What ever happens in the DMV hearing, apart from getting evidence, will not have any impact on the criminal case. The hearing officer could find that you were driving while under the influence and suspend your license after the criminal court could have already dismissed the charges. They are 2 distinct proceedings.

The hearing is suprisingly short. It usually takes anywhere from 10 to 45 minutes. The hearing officer first presents the DMV case against you. Then they ask you to either object or agree to allow the evidence into the record. You can only submit legal objections to the evidence. The hearing officer then asks you to present your case and witnesses. This is all usually done in a small 10x10 foot room with a tape recorder recording the entire proceeding.
The hearing officer will not make their decision on the spot. They usually mail you the decision within a few weeks.


I never understood why the State would empower DMV hearing officers who have no legal training to act as judges, jury, and prosecutors of your case. It would have been nice if a third party entity would oversee the process. At first glance it would seem as if the cards were stacked against you from winning. However, they are not. You can still win.

At Taylor Solano & Associates, we know how to win and beat the DMV. We look for:

1. Were you even served the Notice of Suspension?
2. Did the officer have probable cause to stop you?
3. Were you lawfully arrested?
4. Was the test administered within 3 hours of driving?
5. Can law enforcement even prove you were driving?
6. Was the Notice of Suspension even filled out properly?
7. Was the lab that conducted your tests properly licensed?
8. Are there breath issues?
9. Are there blood and urine issues?
10. Did you retain alcohol in your mouth?
11. Has the breath analyzer ever malfunctioned?
12. Did the officer observe you for 15 minutes prior to the test?

The list goes on and on. At Taylor Solano & Associates we leave no rock unturned to find anything which may help your case against the DMV and the State. We are dedicated to finding the best possible outcome for our clients.

We have won many DMV hearings because of the State's and DMV's weak evidence or because they did not do things they were suppose to do. Call us and let us help you.

CALL TODAY (888) 98-NO JAIL; 888-986-6524