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DMV Hearings Based on Chemical Tests

Many drivers arrested for DUI / DWI in California are unaware that they have only 10 days from the date of arrest to request a DMV hearing or risk the automatic suspension of their driver’s licenses. The DMV hearing process depends on whether the driver consented to a chemical test to determine blood alcohol content (BAC) or refused the test. Drivers who submitted to a chemical test often worry that a BAC of .08 percent or greater means the automatic suspension of their license, but that’s simply not the case. The experienced drunk driving defense lawyers at The Kavinoky Law Firm are experienced in every aspect of defending DMV hearings, and will fight hard to protect the driver’s license.

The role of the DMV hearing officer is unusual, because the “prosecutor” and the “judge” are the same person. This means that the individual who introduces the evidence and the individual who rules on it are one and the same. While this may seem extremely unfair to the accused drunk driver, the courts have ruled repeatedly that the Department of Motor Vehicles’ hearing procedures are lawful.

Unlike the criminal courts, which are concerned with both the driver’s BAC and mental and physical condition, the Department of Motor Vehicles focuses solely on whether the driver violated the state’s “per se” laws that prohibit driving with a BAC of .08 percent or greater. Therefore, a DMV administrative per se, or APS hearing, revolves around three issues – whether police had probable cause to make an arrest, whether that arrest was lawful, and whether the driver’s BAC exceeded the legal limit.

The D.M.V. hearing officer will introduce evidence such as police reports and chemical test results in support of these three allegations. Unlike criminal trials, which feature a great deal of live testimony, the process of a DMV APS hearing is typically very dry and technical. Unless an effective DUI / DWI criminal defense lawyer objects to the introduction of this evidence, the driver’s chemical test results and other incriminating items will be introduced into the record, and the driver’s license will likely be suspended.

However, Department of Motor Vehicles hearings can be fought and won. An experienced drunk driving defense attorney will object to the admission of the driver’s police report, chemical test results, and other evidence based on hearsay rules and other protections. In addition, a defense lawyer has the option of presenting live witness testimony, such as passengers in the vehicle or even the driver. If the DUI / DWI defense attorney is able to successfully block the admission of certain items of evidence, the driver may win the DMV hearing and retain his or her license.

Although California law now dictates that only the Department of Motor Vehicles has the authority to suspend a driver’s license, the DMV can suspend the license of a driver who wins his or her administrative per se hearing based on a drunk driving conviction in criminal court. Therefore, it’s crucial to have a top criminal defense attorney fighting for the driver’s rights both in court and at the DMV. The experienced DUI / DWI defense lawyers at The Kavinoky Law Firm are skilled in every aspect of defending both administrative and criminal allegations of driving while intoxicated. A knowledgeable defense lawyer will explain the driver’s options and outline an aggressive defense strategy during a free consultation.