In a California DMV hearing, you must prove your guilt “by a preponderance of the evidence,” which means that it is more likely than not that you broke the law. In contrast, in order to obtain a conviction in court, prosecutors must demonstrate that you broke a DUI law “beyond a reasonable doubt.”
An administrative hearing for a DMV DUI is held at a DMV office (not a criminal court). The sole issue decided during the hearing—whether or not your driver’s license will be suspended as a result of a DUI arrest—is presided over by a hearing officer. Read on to learn more about this hearing and then contact Chambers Law Firm at 714-760-4088 if you require a free legal consultation with a criminal defense attorney.
Evidence you can provide at a DMV hearing
You can attempt to keep your license at a DMV hearing by providing proof of any of the following:
- You didn’t operate a motor vehicle
- You were detained at an unauthorized DUI/DL checkpoint
- The officer lacked reasonable suspicion to detain you for DUI
- After the DUI arrest, a breathalyzer was employed, but it was out of calibration, malfunctioning, or both
- The arresting officer’s documentation contained serious errors
If any of the above applied to your case, then you should present evidence at your DMV hearing.
What does the hearing officer for the DMV decide?
A DMV DUI hearing is presided over by a hearing officer rather than a judge. The officer decides whether or not the DMV will suspend your driver’s license as a result of a DUI arrest during the hearing. Hearing officials have the authority to decide to suspend your license if they discover that the DUI stop and the criminal arrest were both done legally, and you either refused a blood or breath test or drove while having a blood alcohol content (BAC) of at least .08%.
You should be aware that a DMV hearing is a unique and independent matter from a court case for an alleged DUI crime. In California, if you are charged with DUI, you will go through two separate legal processes: a California court proceeding for the DUI, and a DMV hearing for DUI.
How do I prevail in a DMV hearing?
By presenting a legal defense, you can attempt to prevail at a DMV hearing and so keep your driver’s license. In these hearings, frequent defenses include demonstrating you didn’t operate a motor vehicle, the arresting officer lacked sufficient grounds to make the arrest, the breathalyzer used in this instance was either improperly calibrated or malfunctioned, and/or the arresting officer’s documentation contained serious errors.
If you can establish any of the aforementioned defenses with a preponderance of the evidence, it will be successful. This criteria can be attempted to be met through witness testimony, tangible evidence, or written evidence.
The best bet for the best possible outcome to your DMV hearing – and your DUI case – is to work with an experienced criminal defense attorney. You can contact Chambers Law Firm at 714-760-4088 now for a free legal consultation.
