Tuesday, February 14, 2017

What Does DMV Hearing Decision "Under Submission" Mean?

In California a DMV hearing is presided over by a state employee called a hearing officer.  This hearing officer listens to the evidence and arguments made by the attorney and decides whether the DMV has met their burden of proof with respect to a DUI arrest and whether the driver had a .08 or more or refused to take a test under state law.

After a hearing has been conducted a decision can be made immediately or can be given in writing by mail.  In many cases the hearing officer is presented with legal arguments from counsel that require him or her to review the evidence and make a final decision with regard to the case.  It is a good sign that the DMV hearing officer is taking the time to consider all of the issues.

A case taken under submission usually results in a decision being made within a few days or a couple weeks, however, during this time the person's license remains valid and they can continue to drive pending a final decision.