If you are facing an upcoming DMV administrative hearing, you should be prepared for what this process will entail. While the hearing is often conducted by someone with no legal background, you should still build a strong case for license reinstatement.

What is a DMV Administrative Hearing?

California laws regarding driving under the influence (DUI) state that the DMV can suspend a motorist’s driving privileges if they are pulled over and refuse a breath test or have a blood alcohol content (BAC) higher than the legal limit. For most drivers who are at least 21 years old, the legal limit is .08%. For a first offense, the DMV will issue a license suspension of four months. Subsequent offenses will lead to a one-year suspension.

If your license is suspended after a DUI charge, you have the right to request an administrative hearing. This must be done no later than 10 days after your arrest; otherwise, you may lose your right to a hearing. At the hearing, the DMV must show that a preponderance of the evidence suggests you were driving under the influence. It can do this by proving that the DUI stop was legal and you were driving with a blood alcohol content above the legal limit or you refused to submit to BAC testing. Preparing for this hearing is important if you want to have the best chance at keeping your license.

Defensive Strategies for Winning a DMV Hearing

How do you win a DMV administrative hearing? You and your defense attorney must decide which strategy presents the strongest case for your hearing.

Probable Cause

A police officer must have probable cause to pull you over. If you had not committed any traffic violations prior to the stop, you may be able to prove that no probable cause existed.

Faulty Equipment

All equipment used for testing blood alcohol content must be calibrated regularly. This is an important requirement because the results of these tests weigh so heavily in criminal cases and DMV administrative hearings. Any failure to maintain the device or perform the necessary calibrations could render the results invalid.

You Weren’t Driving

In order to be guilty of DUI, you must have been driving your car. It is not illegal in California to sleep or sit in your vehicle when you are under the influence. If the police officer did not witness you driving your vehicle, witnesses must be called, or supporting evidence must be provided. Otherwise, a license suspension may be overturned.

False BAC Reading

The results of the blood or breath test are often the most incriminating evidence in a DUI administrative hearing. If you or your attorney can show that the registered BAC level was inaccurate, you may be successful at your administrative hearing. There are numerous reasons why a BAC reading could be higher than it actually is, such as medications and health conditions.

Improper Checkpoint Procedure

If your DUI charge resulted from a checkpoint screening, knowing the checkpoint requirements could be beneficial. There are numerous specific procedures required in these cases. For example, DUI checkpoints must screen drivers randomly and alert motorists of the checkpoint ahead of time. In addition, police supervisors must be on-site at the checkpoint. If any of these elements were missing at the checkpoint, the administrative officer may not be able to uphold the license suspension.

No Observation Period Occurred

Procedure is also a major factor to consider in terms of police behavior because there are numerous requirements. One such requirement is that the officer who administered your breath test must have observed you for at least 15 minutes prior to testing. Test results could be invalid if no observation period occurred.

Improper Police Training

Police officers must be trained to perform field sobriety tests and to test blood alcohol content. It could help your defense if the police officer who performed your test lacked proper training.

Only One Sample Collected

The police officer who performs your blood or breath test must collect two samples, and they cannot differ by more than .02. Failing to meet this requirement could mean your license will be reinstated.

Inaccurate or Incomplete Police Report

Police reports are rarely an enjoyable part of the job for officers, which means they may cut corners or rush through them. If any necessary information is missing or if incorrect data is entered, your license suspension could be prevented. Errors can include forgetting to explain the probable cause or not signing their initials on sections of the report. These mistakes could mean a successful hearing for you.

No Notification of Consequences

California requires that officers inform you of the consequences of refusing a blood or breath alcohol test. Your refusal to take a BAC test may not matter if you weren’t notified of the consequences of such an action. To ensure motorists are aware of the possibility of license suspension for refusal, the officer must read directly from a script to inform the driver. If the arresting officer did not notify you or did not read the notification verbatim, you can use this failure to your advantage in your DMV hearing.

Representing yourself in any hearing can be overwhelming and stressful, and this is especially true in DMV hearings where the rules are different from courts. If you need legal representation for a DUI charge or DMV administrative hearing, contact a DUI lawyer from the Law Office of Sheny Gutirrez at 714-836-6000 for a free consultation.