DUI Lawyer | Joel Brand, Esq.

Your DMV Hearing is Stacked Against You

A DUI arrest in California triggers two separate proceedings: the criminal court case and the administrative hearing with the Department of Motor Vehicles (DMV). Many defendants are unaware of the critical importance of the DMV hearing, often focusing solely on the criminal charges. However, understanding why the DMV hearing is inherently stacked against the defendant is essential for anyone facing a DUI charge in California.

The DMV Hearing: An Overview

When a person is arrested for a DUI in California, the arresting officer typically confiscates the driver’s license and issues a temporary license valid for 30 days. During this period, the defendant has 10 days to request a DMV hearing, formally known as an Administrative Per Se (APS) hearing. The purpose of this hearing is to determine whether the driver’s license should be suspended or revoked based on the arrest.

Limited Scope of the DMV Hearing

Unlike a criminal court trial, the DMV hearing has a limited scope. The hearing officer only considers three issues:

  1. Whether the officer had reasonable cause to believe the person was driving under the influence.
  2. Whether the arrest was lawful.
  3. Whether the driver’s blood alcohol concentration (BAC) was 0.08% or higher at the time of driving.

This narrow focus often excludes broader considerations that might work in the defendant’s favor in a criminal trial.

The Role of the Hearing Officer

One of the most significant disadvantages for defendants at a DMV hearing is the role of the hearing officer. Unlike a judge in a criminal court, the DMV hearing officer serves a dual role as both the prosecutor and the judge. This means the hearing officer presents evidence against the defendant and also makes the final decision on the case. This dual role creates an inherent bias, as the hearing officer is an employee of the DMV and may have a vested interest in upholding the department’s actions.

Lower Standard of Proof

In a criminal court, the prosecution must prove the defendant’s guilt “beyond a reasonable doubt.” However, in a DMV hearing, the standard of proof is much lower—”preponderance of the evidence.” This means that the hearing officer only needs to determine that it is more likely than not that the defendant was driving with a BAC of 0.08% or higher. This lower standard of proof makes it easier for the DMV to justify a license suspension.

Limited Rights and Protections

Defendants in DMV hearings have fewer rights and protections compared to those in criminal court. For example:

  • No Right to a Jury: DMV hearings are conducted by a single hearing officer without a jury.
  • Limited Discovery: Defendants have limited rights to discovery, making it difficult to obtain all the evidence needed to build a robust defense.
  • Hearsay Evidence: The rules of evidence are more relaxed in DMV hearings, allowing the hearing officer to consider hearsay evidence that would be inadmissible in criminal court.
  • No Right to Confront Witnesses: In many cases, the arresting officer does not need to be present at the hearing, depriving the defendant of the opportunity to cross-examine critical witnesses.

Challenging the Evidence

Challenging the evidence at a DMV hearing can be particularly difficult. Breathalyzer and blood test results, which are central to the DMV’s case, are often taken as conclusive evidence of intoxication. However, these tests can be flawed due to improper calibration, maintenance issues, or procedural errors during administration. Despite these potential flaws, defendants must present compelling evidence to challenge the accuracy of the BAC results successfully.

Administrative Bias

The DMV is a state agency with a primary focus on maintaining road safety. This focus can create an inherent bias against defendants in DUI cases, as the hearing officers may lean towards upholding license suspensions to fulfill the DMV’s mandate. Additionally, the DMV hearing officers are not independent judges but employees of the DMV, further contributing to the perception of bias.

Limited Appeal Options

If the DMV hearing results in a license suspension, the defendant’s options for appeal are limited. The defendant can request a departmental review or file a writ of mandate in superior court to challenge the DMV’s decision. However, these appeals can be time-consuming, costly, and often have a low success rate, further disadvantaging the defendant.

Strategies for Success

Despite the inherent challenges, there are strategies defendants can employ to improve their chances at a DMV hearing:

  • Hire an Experienced DUI Attorney: An attorney who specializes in DUI defense can navigate the complexities of the DMV hearing process, challenge the evidence effectively, and present a strong case on the defendant’s behalf.
  • Gather Evidence: Collecting evidence such as maintenance records for breathalyzers, witness statements, and any video footage can help challenge the accuracy of the BAC results and the lawfulness of the arrest.
  • Prepare Thoroughly: Preparing a robust defense strategy, including possible defenses like rising BAC or medical conditions affecting BAC readings, can make a significant difference.
  • Request the Officer’s Presence: Insisting on the presence of the arresting officer at the hearing can provide an opportunity to challenge their testimony and highlight procedural errors.

Conclusion

The DMV hearing process in California is inherently stacked against the defendant due to the limited scope, the dual role of the hearing officer, the lower standard of proof, and the administrative bias. Understanding these challenges and preparing effectively with the help of an experienced DUI attorney can improve the chances of a favorable outcome. While the deck may be stacked, strategic planning and thorough preparation can help level the playing field.

Citations

  1. California Vehicle Code § 13353.2.
  2. California Vehicle Code § 13558.
  3. California DMV, Administrative Per Se (APS) Hearings, DMV Website.
  4. National Highway Traffic Safety Administration (NHTSA), DWI Detection and Standardized Field Sobriety Testing, NHTSA Document.
  5. California Code of Regulations, Title 17, § 1221.4, Breath Alcohol Analysis.