DUI Lawyer | Joel Brand, Esq.

DMV Discovery Packet after a DUI

Introduction

When you are arrested for a DUI in California, you face two separate proceedings: the criminal case and the administrative hearing with the Department of Motor Vehicles (DMV). The DMV hearing determines whether your driver’s license will be suspended or revoked. One of the most crucial steps in preparing for your DMV hearing is obtaining the DMV Discovery Packet. This packet contains all the evidence that the DMV will use against you, and understanding its contents is vital for mounting an effective defense.

What is a DMV Discovery Packet?

The DMV Discovery Packet is a collection of documents and evidence related to your DUI arrest and the subsequent administrative action. This packet typically includes:

  1. DS367 Form (Officer’s Statement)
  2. Chemical Test Results
  3. Arrest Report
  4. Officer’s Field Notes
  5. Dash Cam or Body Cam Footage
  6. Any other evidence related to the DUI arrest

Importance of the DMV Discovery Packet

The Discovery Packet is essential because it provides the basis for the DMV’s case against you. Reviewing this packet allows your attorney to identify any procedural errors, inconsistencies, or violations of your rights that can be used to challenge the suspension or revocation of your license.

How to Request the DMV Discovery Packet

Step 1: Schedule Your DMV Hearing

Immediately after your DUI arrest, you should request a DMV hearing. You have only 10 days from the date of your arrest to request this hearing. Failure to do so will result in the automatic suspension of your driver’s license.

Step 2: Submit a Discovery Request

Once your DMV hearing is scheduled, your attorney will submit a formal discovery request to the DMV. This request should be in writing and specify that you are seeking all evidence related to your DUI arrest.

Step 3: Follow Up

The DMV is required to provide you with the discovery materials in a timely manner. However, delays can occur. Your attorney should follow up to ensure that the DMV complies with the discovery request promptly.

Contents of the DMV Discovery Packet

DS367 Form (Officer’s Statement)

The DS367 form is a critical document in your DMV hearing. This form is completed by the arresting officer and includes their observations, the results of field sobriety tests, and the results of any chemical tests administered. Common mistakes to look for in the DS367 form include:

  • Late Submission: The officer has only five days to complete and submit this form to the DMV. A late submission can suggest procedural errors.
  • Incorrect Box Checked: This form indicates the type of hearing, and checking the wrong box can result in a denial of due process.
  • Improper Timeline: The times of driving, arrest, and observation of intoxication must be logical and consistent.

Chemical Test Results

These results show your blood alcohol content (BAC) at the time of the arrest. Errors in this section can include:

  • Incorrect BAC Levels: Any discrepancies in the reported BAC levels can be challenged.
  • Missing Information: Incomplete information regarding the administration of the test can invalidate the results.

Arrest Report

The arrest report provides a detailed account of the events leading to your arrest. This report should include:

  • Probable Cause: Specific observations that led the officer to stop and arrest you.
  • Field Sobriety Tests (FSTs): Detailed notes on the administration and results of the FSTs.

Officer’s Field Notes

These notes can provide additional insights into the officer’s observations and actions. Inconsistencies between the field notes and the DS367 form or arrest report can be used to challenge the officer’s credibility.

Dash Cam or Body Cam Footage

Video footage can provide a clear record of the events leading to your arrest. This evidence can be crucial in:

  • Contradicting the Officer’s Statement: If the video footage does not align with the officer’s account, it can be used to challenge their credibility.
  • Showing Procedural Violations: Any deviations from standard procedures can be highlighted.

Other Evidence

This can include witness statements, photographs, or any other relevant evidence. All of this material should be carefully reviewed for inconsistencies or procedural errors.

How to Use the DMV Discovery Packet

Identify Procedural Errors

Procedural errors can provide grounds for challenging the DMV’s case. Common procedural errors include:

  • Late Submission of the DS367 Form
  • Incorrect Information on the DS367 Form
  • Failure to Follow Proper Testing Procedures

Challenge the Evidence

By carefully reviewing the evidence in the Discovery Packet, your attorney can identify weaknesses in the DMV’s case. This can include:

  • Inconsistencies in the Officer’s Statements
  • Errors in Chemical Test Results
  • Contradictory Video Footage

Prepare for the DMV Hearing

Armed with the information from the Discovery Packet, your attorney can prepare a strong defense for the DMV hearing. This can include:

  • Cross-Examining the Officer: Highlighting inconsistencies and errors in the officer’s account.
  • Presenting Evidence: Using the Discovery Packet to challenge the reliability of the DMV’s evidence.

Conclusion

The DMV Discovery Packet is a vital tool in defending against a DUI charge. By obtaining and thoroughly reviewing this packet, your attorney can identify procedural errors, challenge the evidence, and prepare a strong defense for the DMV hearing. If you have been arrested for a DUI, it is crucial to act quickly and request the Discovery Packet to ensure that your rights are protected and you have the best chance of retaining your driver’s license.

Citations

  1. California Vehicle Code § 13353.2 (DS367 Form Requirements).
  2. California Vehicle Code § 23152 (DUI Laws).
  3. California DMV Administrative Per Se (APS) Hearing Procedures.
  4. People v. Alvarado, 193 Cal.App.3d 806 (1987).
  5. People v. Wilson, 34 Cal.4th 821 (2004).