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The Role of the DMV Hearing Officer

Many drivers arrested for DUI / DWI in California are unaware that the arrest actually triggers two cases – in court, and at the Department of Motor Vehicles. Motorists arrested for drunk driving in California have just 10 days after the arrest to request a hearing with the DMV or risk having their licenses automatically suspended. The experienced DUI / DWI defense lawyers at The Kavinoky Law Firm have the skills to aggressively defend any accused motorist at a DMV hearing and will fight to protect the driver’s license.

D.M.V. administrative per se, or APS hearings, are different from drunk driving criminal court proceedings in several important ways. One unique aspect of a DMV administrative hearing is that the judge and prosecutor are the same person. What this means to the accused drunk driver is that the person introducing evidence against the driver is the same individual who will decide the status of the driver’s license. The Department of Motor Vehicles APS hearing officer isn’t even a judge or an attorney – it’s a DMV employee.

Although DMV hearing officers lack the type of specialized legal training needed to oversee such a complex and technical procedure, the courts have repeatedly upheld the Department of Motor Vehicle’s authority in conducting these administrative hearings.

The law allows for an accused drunk driver or his or her attorney to request the disqualification of the hearing officer if clear reasons exist why the driver cannot obtain a fair and impartial hearing. However, this motion must be made prior to the hearing, and its merit will be ruled upon by another Department of Motor Vehicles employee. The hearing itself is tape-recorded, so the defense can appeal any issues that come up during the proceeding.

The process involved in a DMV APS hearing is fairly straightforward. The Department of Motor Vehicles hearing officer needs to determine only three things in order to suspend a suspected drunk driver’s license – that police had a reason to suspect a crime was committed, that the arrest was lawful, and that a chemical test showed that the driver had a BAC of .08 percent or greater.

The issues covered in the hearing will depend on whether the accused drunk driver submitted to a chemical test of the blood, breath or urine to determine blood alcohol content (BAC), or refused the test. Many drivers believe they can avoid punishment by refusing a chemical test, but a refusal can actually result in a longer DMV license suspension and can also be used as evidence of consciousness of guilt in a criminal trial.

Although the odds may seem stacked against an accused DUI / DWI at a California Department of Motor Vehicles APS hearing, it is possible to prevail at the hearing and protect the driver’s license. The skilled drunk driving defense attorneys at The Kavinoky Law Firm have the experience needed to aggressively defend any driver at a DMV hearing and fight to protect that driver’s license.