DMV hearing

In certain cases when an individual violates the law the DMV will hold a hearing to determine the individuals suitability to drive. This is not a criminal proceeding and requirements for due process are not the same. This is a civil procedure so the burden of proof is only a preponderance of the evidence (51% proof as opposed to beyond a reasonable doubt). This makes it much easier for the DMV to revoke or suspend an individual's license. Furthermore, when certain crimes are committed the individuals license is automatically revoked and the person must wait a year or more before they can get a license.

One must remember that a license is a privilege not a right and a privilege can be revoked, unlike a right which will always exist unless you waive it (e.g. Miranda rights). The DMV cannot permanently keep your license, however, they can suspend your license for a number of months to a few years depending on the alleged crime or the number of points one has on their record. The point system is designed to tell them DMV when you are an unsafe driver. For example speeding 20 miles over the speed limit might get you 2 points taken off your record; going through a red light might be one.

DMV hearings can be in person or over the phone. Given the recent centralization of the DMV services the number of hearings over the phone is constantly increasing. During these hearings you can produce your own evidence or witnesses. However, the rules of court do not apply and more often then not the issues being looked at by the hearing are limited in nature and may not go towards the underlying offense. In general the DMV will likely suspend your license for a period of time.