The Secret to Winning Your DUI DMV Hearing

When a person is arrested for DUI in California, they must go through a criminal court process, but they also face losing their license to drive in an administrative procedure with the Department of Motor Vehicles (DMV), that is triggered by your arrest and which operates independent of the court process. The DMV process will determine whether or not to suspend your driver's license. Being success in a DMV Administrative Per Se Hearing requires more than just being present; an offender must have a plan, be prepared, and know the law. It can make a big difference to the case’s successful outcome if the individual knows how to improve the odds of winning a DUI DMV hearing. 

‍

Act Fast: Request a Hearing Immediately

The driver has only 10 days to request a DMV hearing following an arrest for DUI. If a proper request is not made during that time frame, the person’s driving rights will be automatically suspended 30 days after the arrest, so the first and most important thing to do is to promptly request a hearing. This request postpones any immediate suspension, giving the person and their attorney time to review the evidence and  build a compelling case. 

‍

Why Getting a DUI Lawyer Is Important

Although individuals have the right to represent themselves, working with an experienced DUI attorney can greatly increase their chances of winning. Legal counsel knows the complexities of DMV hearings and what arguments can limit the evidence and hopefully avoid the suspension.  The Meehan Law Firm can devise personalized plans to fight for the best potential outcome, and we have a win rate double the state average.

‍

Understand That the Hearing Has Limited Scope 

A California DMV hearing does not look at whether someone is guilty of DUI criminal charges. Instead, it concerns itself with three issues: 

• Whether the officer had reasonable cause to believe the person was DUI
• Whether the arrest was lawful
• Whether the individual’s blood alcohol concentration (BAC) was 0.08% or higher. 

Understanding this limited scope is essential to identify the most appropriate defenses.

‍

Review the Evidence Thoroughly

The importance of looking over all the evidence before the hearing cannot be overstated. The relevant evidence includes the officer's avowed written report, chemical test results, supplemental reports, body camera footage, and witness statements. Finding irregularities or mistakes in the process gives the defense invaluable tools for the hearing. It is also important to understand that a close review of the evidence may lead to the evidence not being admissible in the hearing.

‍

Challenge Admissibility of the Evidence

The Administrative Per Se hearings are generally conducted using the reports written by law enforcement involved in the case.  These records may be considered testimonial if they meet the criteria to be exceptions to the hearsay rules.  It is important to know what those exceptions are and whether or not the documents utilized by law enforcement satisfy them.  If the report is inadmissible, then the Hearing Officer may not consider it when rendering a decision on the case.  

‍

Challenge Probable Cause for the Stop

One good way to begin building the defense is to question whether the officer had good reason to pull the person over. If the officer did not have grounds, such as weaving, speeding, or another traffic infraction, the whole arrest could be invalidated, which would strengthen the case against license suspension.

‍

Challenge the Accuracy of Breathalyzer Results

Breathalyzer results are not always accurate. Machines can break down, or be improperly calibrated or maintained; these issues can render results unreliable. Additionally, physiological conditions, such as acid reflux or dental work, may cause BAC readings to appear higher than they actually are. Pointing out these inconsistencies can encourage the hearing officer to question the validity of the BAC evidence.

‍

Gather and Present Favorable Evidence

Strong cases utilize proof that goes against or weakens the DMV's claims. Proof such as this might include medical records, expert evidence regarding the inaccuracy of breathalyzer results, or video that shows something different than what the officer reported.  Even small errors in paperwork can generate doubt.

‍

Expose Violations of the Client’s Rights

Procedural mistakes during a DUI stop or arrest can be strong points for the defense. Violations such as not warning the offender about implied consent, denying the offender’s right to get an independent BAC test, or improperly performed field sobriety testing are all substantial concerns that can be brought up at the hearing to bolster the defense.

‍

Consider Filing a Writ of Mandamus if Necessary

An individual can still fight back if the DMV hearing ends in an unfavorable result.  Filing a writ of mandamus with the California Superior Court asks that the Superior court look over the DMV's decision to determine if the DMV made any legal mistakes. It is a complicated procedure, but it can be effective in getting a license suspension lifted.

‍

Be Organized and Professional at the Hearing

Getting ready for the hearing is more than collecting proof of procedural errors; presentation at the hearing matters as well. Being polite, professional, providing logical arguments, and backing up assertions with evidence can go a long way toward influencing the hearing officer’s opinion and decision-making process.

‍

Preparation is the Real Secret

An individual can never be assured of winning a DUI DMV hearing in California. However, people who retain legal assistance promptly, carefully examine and question the evidence, grasp the law, and present strong defenses have a much better chance. The DMV hearing is a very serious occasion during which a person can lose their driving privileges and future vocational opportunities; therefore, the individual and their attorney must prepare, be precise, and use the appropriate legal approach. 

When a DMV hearing is scheduled, keep in mind that time is short, the stakes are high, and an expert attorney is critical to a successful outcome. The Meehan Law Firm is committed to helping people get through this complex process with confidence and determination. 

‍