Firstly, the prosecutors at a DMV hearing are the hearing officers themselves.  So, non-lawyers are presenting evidence to the Department of Motor Vehicles.  They have to present the evidence, and then they rule on the admission of all evidence, including their own.

For instance, the hearing officers might present a police report.  The defense attorney, representing the accused, may object to the report, citing hearsay since the police are not present to testify. However, the objection can be overruled, and the police report is admitted into evidence.

If it's a close call on a case or if there are some problems with a case based solely on the face of the police report, then they will send a subpoena to the police officer who was arrested for DUI, and that person will testify live via phone.

First, the DMV hearing officer will ask the accused questions, and then the defense attorney can ask some questions. Ultimately, the DV hearing officer will decide whether the person's license will be suspended or the suspension will be set aside.

It's important to note that decisions are not typically made immediately after the hearing.  Instead, the hearing officer usually states, 'Thank you, counsel.  We will inform you of our decision shortly, and this decision typically arrives within a couple of days.

Mandatory Actions Unit

If there are genuine issues in the case and the hearing officer is uncertain about how to rule, they will refer the case to their mandatory actions unit, a separate department within the DMV responsible for reviewing complex cases. This can extend the decision-making process to up to thirty, forty-five, or sixty days. During that time frame, your client is undoubtedly still allowed to drive.

The client can drive as long as there is a stay in place, pending the DMV's final ruling regarding the suspension of the driver's license.  The three factors that the DMV considers when deciding whether to suspend someone's license are whether the police had a legal basis for stopping the person.

In other words, was there some traffic violation?  Was there some unlawful activity that the police observed, justifying a stop?  Or is it a DUI checkpoint, which is another way to stop people without probable cause?

If the stop is good, the next question will be, is the arrest lawful?  What makes a lawful arrest?  The police must have probable cause to arrest an individual.

That probable cause is usually established by the person's failure to pass the field sobriety test. Once a person fails a field sobriety test, the DMV feels justified in suspending the driver's license in a DUI case.

The next thing the DMV has to prove is that the person's blood-alcohol level was .08 or greater, and they can do that through a breath test or a blood test.

Additionally, another way to avoid getting your resolved is if you're foolish enough to refuse to take the test. Then, it's automatically presumed that you're driving under the influence. You will lose your driver's license for one year with no restriction, and it will make it a lot easier for the prosecutors to prove their case against you because there's a presumption that you were DUI.

It's like that because if they didn't do it that way, everybody would refuse to take the test, and then they would be in a position where they couldn't get anybody for a DUI.

So, based on that, they make sure that if you don't take the test, you're automatically a DUI unless you can rebut the presumption. Rebutting the presumption means presenting evidence that contradicts the DMV's assumption of guilt.  If you could prove somehow you weren't driving under the influence of alcohol, which is not an easy thing to do, you would be able to rebut the presumption and get out of your DUI case.

DMV Hearing Is In Person or Over The Phone

These DMV hearings are typically conducted either in person or by phone.  Many lawyers I've heard claim that they have a much better success rate when it's in person.  I'm afraid I have to disagree.  Either you have the evidence to beat the DMV, or you don't.

You can beat them just as easily over the phone as you can in person.  I've won numerous DMV hearings over the phone.  I don't think it makes a difference in most cases whether the DMV hearing is conducted over the phone or in person.  If you've got the evidence, you've got the evidence.  If you don't, you don't.

So, if you've got a DUI and need some help with the DUI in the criminal court and with the DMV, pick up the phone.  Make the call.  We've been handling DUI cases for twenty-five years and have successfully resolved thousands of cases over the years. We'd be happy to help you achieve the best possible outcome for your DUI case.