What happens at the DMV hearing? 5 Answers as of September 17, 2010

I was just arrested for a DUI in California. What can I expect at the DMV hearing and is there a chance that I will get to keep my license? My BAC was .13 and I had a valid license and nobody else was involved and this is the first time. Thank you.

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Nelson & Lawless
Nelson & Lawless | Terry Nelson
If you have timely requested your DMV appeal hearing, your attorney can present your arguments that the officer had no cause to stop you. That is the purpose of the hearing. Your facts and arguments are the same as will be used in court, to that extent. If you convince the DMV hearing officer, you do not lose your license automatically. Your attorney may alternatively be able to negotiate a reduction in the one year automatic suspension, if so, you will have to serve the minimum loss of several months before being allowed a restricted license.

Of course your attorney can also defend the criminal charges in court, file your motions as applicable, go to trial if you can't resolve it with a plea bargain. You can raise all your defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for plea bargaining or at trial. If serious about doing so, feel free to contact me.
Answer Applies to: California
Replied: 9/17/2010
Law Offices of Juan Dotson
Law Offices of Juan Dotson | Juan Dotson
There is not enough information to answer this question. The DMV hearing will examine 3 issues to determine if your license should be suspended. One of those inquiries is whether there was probable cause to detain you.

Hiring a criminal defense trial attorney may benefit you since the defense is allowed to cross-examine the officer. Most lay people are not skilled enough to cross-examine officers; cops are regularly trained on testifying effectively.

Consider hiring an attorney so they can evaluate all potential defenses in your case.
Answer Applies to: California
Replied: 9/17/2010
The Law Office of Denis White
The Law Office of Denis White | Denis Hurley White Jr.
The DMV hearings concern themselves with three things. Was it a lawful arrest, did the officer have probable cause to believe you were driving under the influence and was the blood alcohol level .08 or higher. While it is always important to look at these issues, DMV has a weakness I like to exploit where I can. They rarely subpoena the officer that made the arrest to testify. If the officer has failed to dot the "I" or cross the "T", so to speak, they have no way to cure defects in the reports. Consider calling someone from the California DUI lawyers Association in the county where you live and see about getting some assistance.
Answer Applies to: California
Replied: 9/17/2010
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
Three issues are decided at a DMV hearing. First, were you driving. Second, if contacted by police did they have reasonable suspicion to pull you over, that means did they observe evidence of impaired driving, or did they allege you committed a traffic offense justifying stopping you. Lastly, was you blood alcohol level .08 or above. If all three are found to be true then you will lose you license.
Answer Applies to: California
Replied: 9/17/2010
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