When it comes to driving under the influence (DUI) in Los Angeles County and the potential loss of your driver's license, your first and most crucial step is to seek immediate counsel from a seasoned DUI defense attorney. This proactive approach can significantly influence the outcome of your driver's license after a DUI.
My approach is to bring the client into my office as soon as possible, empowering them to understand the situation and actively participate in shaping their defense strategy. This active involvement not only fosters a sense of control but is also key to a successful defense.
In Los Angeles, the Department of Motor Vehicles (DMV) plays a pivotal role in determining the consequences for a person's driver's license when they are arrested for a DUI-related offense. It's crucial to note that each person is entitled to a DMV hearing related to their license, as long as they contact the DMV or have their attorney do so within ten days of the arrest. This hearing is a key opportunity to defend your driving privileges.
When we call the DMV on behalf of our clients to request a hearing related to the suspension, we always send a letter to confirm the request and verify that we made the call within the appropriate time frame. This, of course, is to guard against the DMV claiming they never received the request.
Once the DMV is contacted, the person whose license has been taken away is entitled to a hearing, either in person or over the phone. The DMV will then send a copy of the evidence it intends to use against the person to support its case.
The person facing a potential license suspension has the right to present evidence at the DMV hearing. This evidence, which may include witness testimonies, expert opinions, or other relevant information, is not just a component but the cornerstone of building a strong defense. However, it's essential to note that presenting evidence or witnesses to defend against a license suspension requires careful preparation and submission to the DMV prior to the hearing.
Also, both the Department of Motor Vehicles and the client have the right to subpoena witnesses to testify at the DMV hearing if they so choose. Finally, the defendant can testify at the hearing if they choose, but can not be forced to do so by the DMV. However, if they testify, the DMV hearing officer can ask questions.
DUI Blood Alcohol Level
The DMV must demonstrate that the subject person was lawfully pulled over and lawfully arrested, and that their blood alcohol level was 0.08 or greater at the time of driving. If they can show all three of these requirements, they will suspend the person's driver's license.
The length of the suspension depends on the person's criminal/driving record, the number of prior DUIs they have, and whether they refused to take the blood or alcohol test when asked to do so by the police. If, on the other hand, the DMV hearing officer cannot prove one of the above three requirements, they cannot suspend the license administratively.
Unfortunately, going against the DMV is an uphill battle for many reasons. First, they have the police as their main witnesses and evidence. California law permits them to submit the police report to form the basis for their case against the person subject to suspension.
As you can guess, this creates a challenging situation to defend against. The Department submits the police report as evidence; the defense objects, and the objection is overruled. The police report is typically admitted into evidence. The police report often serves as the main piece of evidence against the person subject to suspension, making it crucial to have a strong defense strategy. The police report, prepared by the arresting officer, is a key and often formidable piece of evidence in the DMV hearing.
It often contains the officer's observations, the results of any field sobriety tests, and the driver's blood alcohol level if tested. This report can be a significant hurdle to overcome in your defense. However, with a strong legal strategy and skilled representation, it is possible to navigate these challenges and improve your chances of a favorable outcome.
This procedure makes it very difficult to win a DMV hearing. Of course, the defense can subpoena the arrested police officer under the appropriate circumstances and ask as many relevant questions as it deems appropriate to try to undermine the case against them.
