What to Expect at the DMV

It is my objective to prevail in this uphill battle.

The California Department of Motor Vehicles is at the forefront of the politically induced prejudice against any driver accused of an alcohol related driving crime.

The DMV administrative hearing is considered a separate civil (non-criminal) action. It relates only to the driving license. In California, the driving license is considered a privilege and not a right. This is an example of the harsh consequences associated with a DUI: in many parts of California it is impossible to use public transportation because it is non-existent or so time consuming as to be useless.

Three Issues At The DMV

However, your need to drive is not an issue at the DMV hearing. There are only three issues at the DMV hearing:

1. Were you driving?
2. Were you lawfully arrested?
3. Were you driving with a .08% or higher blood alcohol concentration?

Note that impairment, and performance on field sobriety tests, is not the issue upon which the hearing is based. There must be a chemical test. In a rare decision that favors drivers the California Courts have held that the DMV suspension is “wholly pegged to a valid chemical test” and field tests alone cannot be the basis for a suspension.

Both The Judge And The Prosecutor

The hearings are conducted by a hearing “officer” who acts as both the judge and the prosecutor. This person rules on objections and the admissibility of evidence and makes findings of facts. Very often they are promoted from within the DMV and are career bureaucrats with no legal training. Unfortunately, the courts have upheld this dual role of judge-prosecutor in the context of the administrative hearing.

However, the DMV hearing can be won. I know how good it feels to bring back a driver’s license to a client. It is vital to put on the best hearing possible in every case. Here are some of the things that I do to win:

1. Use a written hearing brief to outline the law
2. Document any procedural non-compliance by the DMV
3. Procure and prepare defense witnesses for the hearing
4. Bring an expert when necessary to explain and attack bad science
5. Use the DMV subpoena power to get the records for the chemical test and to compel the arresting officer to attend the hearing for cross-examination
6. Record the hearing and make a transcript for use at the criminal trial
7. Never, ever, give up

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JP Lavallee to Fight Your DUI Case