With over twenty-five years of experience in DMV and DUI law in LA, I've gained a deep understanding of the pivotal role a DMV hearing plays in a DUI case. The process of conducting a DMV hearing can significantly impact the outcome of a case, making it a crucial aspect to consider.
Sometimes that's a good strategy, depending on the case's particular circumstances. However, I find that you can also have a very effective method by conducting the DMV hearing over the phone. Different lawyers employ various approaches, depending on the specific case, circumstances, and defendant.
Face-to-Face vs. Phone DMV Hearing
Conducting a DMV hearing face-to-face can pose certain risks. For instance, it allows the DMV hearing officer to directly question the client, potentially leading to the disclosure of incriminating information. This risk underscores the importance of carefully considering the best strategy for a DMV hearing.
For example, they can admit to being in a particular location at a specific time. They can accept drinking alcohol. They can reveal how much alcohol they had during the night of their arrest. They can also admit whether they had food.
Many of these things can later be used against the defendant at trial, as the DMV hearing is being recorded. This is something you're going to have to discuss with your DMV defense attorney and get a good strategy together as to whether or not you want to do an in-person face-to-face hearing or whether you want to do a hearing over the phone.
What generally happens at a DMV hearing is that the DMV has a responsibility in a DUI case in Los Angeles to prove their case. The first thing they're going to do is start moving evidence in.
They'll list all their evidence and then say at the end of their presentation that they're going to ask whether there are any objections. Of course, the defense attorney or a person representing themselves in a DMV hearing can raise any objections they wish. The DMV hearing officer rules on the complaint and typically allows the evidence to be presented.
This is unfair because it's almost like a kangaroo court, where the DMV is presenting the evidence. The DMV – like the judge – is making rulings on any objections to the evidence, and in the end, the DMV decides whether or not to take your license away. This is referred to as an administrative hearing, which is conducted in all DUI cases.
Proving Legal Stop, Lawful Arrest, Blood Alcohol Level
What they have to prove in these administrative hearings is (1) that the police officer lawfully stopped you or came upon you – sometimes you're not even driving; (2) they lawfully arrested you; and (3) your blood alcohol level was a .08 or greater.
If they can prove all three of these things, you will lose your license for some time, depending on how many prior DUIs you have or if this is your first DUI offense.
If they cannot prove one of these three things, they will not be able to take your license away administratively. That, of course, does not get you out of the fire, because if you are convicted of DUI in court, all the court's computers are synced up with the Los Angeles DMV, and they will suspend your license for the conviction. So, to avoid a conviction altogether, you're going to have to win the administrative hearing, and you're going to have to win in court, not be convicted of a DUI offense.
DUI Lawyer Entitled To Put on Evidence
The defense is also entitled to present evidence at a DMV hearing, allowing the client and witnesses to testify. You can subpoena the officer to testify and ask questions about their police report. The DMV can subpoena the officer to ask questions about their account.
Experts can also be called. If you think there's a problem with the blood alcohol level, you can contact your expert, and that expert can present evidence. That expert can challenge the DMV's case. I often see instances where the DMV even acknowledges its own shortcomings – by reading the police officer's report – and recognizes that it has a problem in a case, so it'll try to call the office and ask the officer questions to clarify its point of view. This potential for challenging the DMV's case can instill a sense of hope and optimism in the audience.
I object all the time. As a defense attorney in a DMV hearing in Los Angeles, I can cross-examine the police officer about some of the things in the police report, my client's blood alcohol level.
After all the evidence and arguments have been presented, the DMV hearing officer will conclude the hearing. They will then inform you that they will notify you and your client of their decision via email. Usually, you'll receive their decision in the mail within a day or two. This clarity about the process can help the audience feel informed and prepared.
If you brought up some outstanding issues in the DMV hearing, then what I've seen happen is that it takes them a long time. I think what they end up doing is running it by the attorneys at the DMV or addressing any issues with the Mandatory Action Unit, which takes some time.
Temporary Driver's License
So, your client is allowed to drive on the temporary driver's license they receive, or you're allowed to drive on the provisional driver's license right up until there is a ruling by the DMV. If the DMV suspends your license, they notify you via mail and then discuss with your attorney exactly what you need to do to get your request reinstated.
Typically, you're required to obtain an SR22 proof of insurance, pay a fee to the DMV, and install an ignition interlock device for a specified period. Depending on the unique circumstances of your particular case, there may be additional considerations.
