The likelihood of a motorist winning a DMV hearing is determined on the circumstances of the case. It is simpler to prevail in the hearing if law enforcement has a poor case or has blatantly violated the driver's rights. Regardless of the circumstances, choosing a qualified DUI attorney enhances the chances of a favorable conclusion. Keep reading to learn more and then contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.
What are the chances of prevailing at a California DMV hearing?
The chances of a driver suspected of driving under the influence (DUI) winning their DMV hearing are determined by the facts and circumstances surrounding the arrest. The chances of prevailing in a DMV hearing are slim if police have a solid case. The chances are significantly higher if the cops committed a mistake during the arrest. A DUI lawyer or a criminal defense lawyer can help you improve your chances of success.
The following factors can either enhance or diminish the likelihood of a good outcome:
- whether the officer had reasonable grounds to conduct the traffic stop
- whether the officer's instructions were crystal clear
- the outcome of a breathalyzer test
- if the officer informed the driver about the implications of rejecting a chemical breath or blood test
- whether or whether the driver actually refused to take the test
The chances of winning the hearing are not insignificant. It is usually a good idea for drivers to consider using their right to an administrative hearing. By doing so, you can dispute what would otherwise be an automatic suspension of your driver's license.
What is the purpose of a DMV DUI hearing?
The administrative portion of a DUI or DWI case is the DMV hearing. It is here that the California Department of Motor Vehicles (DMV) will decide whether or not to suspend your driver's license as a result of a DUI arrest.
Anyone caught in California for suspected drunk or drugged driving will face two types of judicial proceedings:
- A DUI charge in state court
- A per se administrative hearing at the DMV
The defendant's driving privileges are the sole subject of this DMV hearing. The defendant cannot be sentenced to prison or placed on probation in a DMV case, unlike in a criminal prosecution.
The arresting officer will seize the driver's license during the DUI arrest. He or she will hand out a pink "Notice of Suspension" paper to the motorist. This Notice acts as a 30-day temporary license. The driver's license will be suspended when these 30 days have passed. The Notice also informs the motorist of his or her right to a hearing with the DMV, formally known as a Driver Safety Administrative Per Se (APS) hearing, to challenge the imminent suspension. The motorist must, however, request this hearing within 10 days of his or her detention.
The motorist will lose this right if he or she does not use it within 10 days. The hearing will not take place. When the temporary Notice expires in 30 days, their license will be automatically suspended. Once the hearing is arranged, the suspension of your driver's license will be placed on hold pending the conclusion of the hearing.
The hearing is held at the DMV rather than a criminal court. It's even possible to hold it over the phone. The hearing officer is not a judge, but a DMV staff. Legal training is scarce among these personnel. Defendants have the following rights at this hearing:
- Examine and refute the evidence against them, such as test results, arrest reports, and police reports
- Subpoena witnesses, including the arresting officer, and present them in court.
- Cross-examine any witnesses who have been called to the stand
- Testify
The DMV hearing officer will hear both parties' evidence. He or she will then assess if there is a preponderance of evidence indicating the motorist was inebriated. This is a far lesser bar of proof than the "beyond a reasonable doubt" level required in a criminal DUI prosecution.
If the hearing officer finds that the motorist was under the influence, the action will be upheld and the license suspension will be reinstated. If there is insufficient evidence or if the driver successfully raises a defense, the officer will set aside the action and restore the suspension.