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DMV Hearing vs. Court Trial
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California DMV Hearing vs. Court Trial

California Court TrialA DMV hearing is different from a criminal drunk driving court trial. They are independent of each other and the outcome of one does not affect the other. A DMV hearing reviews the issues surrounding a drunk driving arrest and ensures that the arresting California officer adhered to the rules of a license suspension. A court trial however, determines if you are innocent or guilty of a crime: driving under the influence of alcohol and/or driving with a 0.08% blood alcohol content or higher. A DMV hearing results in a license suspension, whereas a criminal trial will also result in a license suspension in addition to fines, jail time, community service and mandatory DUI classes and Alcoholics Anonymous attendance. It has been argued that the California DMV license suspension and court trial license suspension go against the rules of double jeopardy. In response to this issue, the courts have found that a DMV administrative license suspension is merely an administrative sanction, where a court trial license suspension is an actual punishment for a crime committed.

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