The likelihood that you will prevail at your DMV hearing if you were stopped and suspected of driving under the influence (DUI) depends on the specifics of the arrest. The chances of succeeding at the DMV hearing are slim if police have a compelling case for drunk driving.
The likelihood of a police error during the arrest is substantially higher. The likelihood of victory can be increased with the assistance of a criminal defense or DUI attorney. Contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
The likelihood of a favorable result can be increased or decreased by the following factors
The results of a breath test, whether the officer informed you of the implications of refusing a chemical breath test or blood test, and if you actually refused the test all affect how likely you are to win at the hearing. There is a chance of winning the hearing. You should give serious consideration to exercising your right to an administrative hearing.
By doing this, you can contest the automatic suspension of your driver’s license. DMV hearings also serve as “dry runs” for the criminal case. It enables the criminal defense lawyer to find contradictions in the state’s evidence and cross-examine the arresting officer. This could ultimately result in the criminal case being dropped or dismissed.
What is a DMV DUI hearing?
The administrative component of a DUI or DWI case is the DMV hearing. The Department of Motor Vehicles (DMV) will make its decision regarding whether to suspend your license following a DUI arrest here. Anyone who is caught in California for suspected drunk or drugged driving will go through two distinct legal processes: a DMV administrative per se hearing and a criminal DUI charge in a state court case.
Your driving privileges are the only subject of discussion at this DMV hearing. The DMV case, unlike a criminal case, cannot incarcerate you or place you on probation.
Your driver’s license will be taken away by the arresting officer during the DUI investigation. A pink “Notice of Suspension” paper will be given to you by the officer. A 30-day license is provided by this Notification. Your driver’s license will be suspended after these 30 days have passed.
The Notice also informs you of your right to a Driver Safety Administrative Per Se (APS) hearing with the DMV to challenge this potential suspension. You have ten days from the time of the arrest to request this hearing.
You will lose this right if you don’t use it within ten days. There won’t be a date set for the hearing. When the temporary Notice expires in 30 days, your license will be automatically suspended. Your driver’s license suspension will be postponed until the hearing’s conclusion after it has been scheduled.
The hearing itself takes place at the DMV and not in a court of law. The hearing officer is a DMV staff, not a judge. Seldom do these workers have legal training. You have the following rights at this hearing: to subpoena and present witnesses, including the arresting officer, cross-examine any witnesses produced, and testify. You should also study and contest the evidence against you, which includes test results, the arrest report, and the police report.
Both sides’ arguments will be heard by the DMV hearing officer. The judge will then determine if there is enough proof to convict you of drunk driving. This burden of proof is far lower than the “beyond a reasonable doubt” threshold required in the criminal element of a DUI case.
If the hearing officer determines that you were intoxicated, he or she will maintain the course of action and the license suspension. The suspension will be lifted and the action will be overturned by the officer if there is insufficient evidence or if your defense is effective. Contact Chambers Law Firm at 714-760-4088 right away if you have been accused of a DUI.
