The primary reason DMV suspends or revokes a senior driver’s driving privilege is because of a mental and/or physical condition. If the decision to suspend or revoke your driver license is made, you have the right to request a DMV administrative hearing. The administrative hearing is designed to provide an impartial judgment of driver license matters in an unbiased , professional, and efficient way. The hearing is your opportunity to present relevant evidence or testimony regarding an intended action by DMV. You will have a chance to tell DMV officials exactly why you should be able to keep your driver license.
How do I request an administrative hearing?
When you receive a notice from DMV informing you that an action will be taken against your driving privilege, and you want an administrative hearing, you must make your request for a hearing immediately. You have only 10 days to request your hearing if you were personally given your notice of action, or 14 days if the notice was mailed to you. Your right to a hearing may be lost if you do not contact DMV Driver Safety within these time frames.
What happens at a hearing?
Your hearing will be at a DMV Driver Safety office. At your hearing, the hearing officer will record your conversation. The DMV hearing officer will analyze and weigh the facts of your case and then make a decision regarding your driving privilege. The DMV hearing officer may decide to:
- End or dismiss the action. You will be able to drive again
- Restrict your driver license or place you on probation so you can continue driving, but on a limited basis, such as “no night time driving”
- Uphold the original decision to suspend or revoke your driving privilege
If you feel that the DMV hearing officer’s decision is unfair or incorrect, you may request a departmental review to appeal DMV’s decision. Usually, there is no fee for the departmental review . You may also ask, at your own expense, for a court review.
What are my legal rights during the hearing?
The DMV hearing officer will ask you if you understand your rights before beginning the hearing. If you do not know or understand your hearing rights, please ask the DMV hearing officer to explain them to you. The hearing process is designed to give you the opportunity to be heard and to address any concerns you may have regarding your driving privilege. These are your rights for an administrative hearing:
- You can be represented by an attorney or another representative, at your own expense. Having an attorney is not required, but it is your choice if you want one.
- You can testify on your own behalf.
- You can review DMV’s evidence and cross-examine any witness offered by the department . DMV’s evidence is usually written documentation. You may request a copy of this documentation to review before your hearing. If you want to question the information contained in the evidence, you must subpoena, at your own expense, the person who prepared that document.
- You can present your own evidence and/or relevant witnesses on your behalf. Any evidence you present must be relevant to your case. The evidence becomes part of the official record maintained by DMV and will not be returned. Evidence may be copies of medical evaluations, vision examinations, accident reports, photographs, or other documents that support your claim to keep your driver license.
- You can appeal any adverse decision. You may appeal the decision through a departmental review or through Superior Court.
DMV Administrative Hearings:
Driver License Fast Facts brochure
Vehicle Code book
DMV Web pages
Scheduling a hearing
My legal rights at the hearing
Driver license suspensions
Driver license revocations
Driver license restrictions