DUI Lawyer | Joel Brand, Esq.

Tips for Your DMV Hearing

A DMV hearing following a DUI arrest in California is a critical event that determines the fate of your driving privileges. It’s a separate process from the criminal court proceedings, specifically focusing on whether your driver’s license should be suspended. Understanding the intricacies of this hearing and being well-prepared can make a significant difference in the outcome. Here are essential tips and tricks for success at your DMV hearing after a DUI.

Understanding the DMV Hearing

The DMV hearing, formally known as an Administrative Per Se (APS) hearing, is an administrative process conducted by the California Department of Motor Vehicles (DMV). It’s not a criminal proceeding but an administrative action to decide the suspension or revocation of your driving privilege. The hearing must be requested within 10 days of your arrest, or your license will automatically be suspended.

Preparation is Key

  1. Hire a Skilled DUI Attorney: An skilled DUI attorney can be invaluable in navigating the complexities of the DMV hearing. They can help you understand the process, gather evidence, and represent you effectively. The attorney can also request a stay of the suspension, allowing you to keep your driving privileges until the hearing.
  2. Request the Police Report: Obtain a copy of the police report and review it thoroughly. This report contains crucial information about the arrest, the officer’s observations, and the results of any field sobriety or chemical tests. Discrepancies or errors in the report can be critical in your defense.
  3. Gather Evidence: Collect all relevant evidence that can support your case. This includes witness statements, video footage, medical records, and any other documentation that can challenge the officer’s observations or the accuracy of the chemical tests.
  4. Understand the Issues at the Hearing: The DMV hearing focuses on three primary issues:
    • Whether the officer had reasonable cause to believe you were driving under the influence.
    • Whether you were lawfully arrested.
    • Whether you were driving with a BAC of 0.08% or higher.

Tips for Success

  1. Challenge the Traffic Stop: If the traffic stop was unlawful, the evidence obtained afterward can be suppressed. An officer must have reasonable suspicion to pull you over. If you can demonstrate that the stop was not justified, the DMV may dismiss the suspension.
  2. Question the Arrest Procedure: The arrest must be lawful and based on probable cause. If the officer did not follow proper procedures or violated your rights, this can be a basis for challenging the suspension.
  3. Dispute the BAC Results: The accuracy of breathalyzers and blood tests can be challenged on several grounds:
    • Calibration and Maintenance: The device used must be properly calibrated and maintained. Request maintenance records and logs.
    • Administration of the Test: The test must be administered by a qualified individual following specific procedures.
    • Medical Conditions: Certain medical conditions, such as GERD or diabetes, can affect BAC readings. Provide medical evidence if applicable.
    • Rising BAC Defense: Argue that your BAC was below the legal limit while driving but rose above 0.08% by the time the test was administered due to the absorption of alcohol.
  4. Present Witnesses: Witnesses who can testify to your sobriety or any procedural errors by the arresting officer can be crucial. This includes passengers, bartenders, or others who interacted with you before the arrest.
  5. Highlight Your Clean Driving Record: If you have a clean driving record, emphasize this fact. Demonstrating that you are generally a safe and responsible driver can sway the hearing officer’s decision.

During the Hearing

  1. Stay Calm and Professional: Maintain a respectful and professional demeanor throughout the hearing. Answer questions clearly and concisely, and avoid becoming confrontational.
  2. Be Prepared to Testify: Be ready to testify on your behalf. This includes recounting the events leading up to your arrest, the arrest procedure, and any issues with the BAC test. Practice your testimony with your attorney beforehand.
  3. Cross-Examine the Officer: If the arresting officer is present, your attorney can cross-examine them. This can be an opportunity to highlight inconsistencies or procedural errors.

After the Hearing

  1. Review the Decision: The hearing officer will issue a decision based on the evidence presented. If the decision is unfavorable, you have the right to request a departmental review or appeal the decision in court.
  2. Consider Additional Legal Actions: Depending on the outcome, your attorney can advise on further legal actions, such as filing a writ of mandate in superior court to challenge the DMV’s decision.

Conclusion

Successfully navigating a DMV hearing after a DUI arrest requires thorough preparation, a clear understanding of the legal issues, and effective representation. By challenging the traffic stop, arrest procedure, and BAC results, and presenting strong evidence and testimony, you increase your chances of retaining your driving privileges. Always consult with an experienced DUI attorney who can guide you through this complex process and advocate on your behalf.

Citations

  1. California Vehicle Code § 13353.2.
  2. California Vehicle Code § 13558.
  3. California DMV, Administrative Per Se (APS) Hearings, https://www.dmv.ca.gov/portal/dmv/detail/dl/driversafety/dsalcohol
  4. National Highway Traffic Safety Administration (NHTSA), DWI Detection and Standardized Field Sobriety Testing, https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/documents/812394sfstrefresher.pdf
  5. California Code of Regulations, Title 17, § 1221.4, Breath Alcohol Analysis.