The DMV Hearing Process

At the Department of Motor Vehicles hearing, the DMV carries the burden of proof. This means that they must answer all three issues in the affirmative. The evidentiary standard is the preponderance of the evidence. This low legal standard is applicable in administrative civil hearings such as the DMV hearings. At the hearing, the judge who occupies the role of prosecutor too, will to begin entering into evidence the arresting officer's statement and other evidentiary documents.

A DUI / DWI defense attorney will work to keep the police statement and other documents out of evidence. The attorney will rely primarily on the hearsay objection. A document is can be considered hearsay when a "statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted." That is the definition of hearsay in the Federal Rules.

Most states, including California, have hearsay rules that say substantially the same thing. What they say in lay terms is simply that a statement cannot be submitted into evidence unless the person, who made the statement, testifies to that statement in court while under oath. There are exceptions to the hearsay rule. If a police officer files a statement during the course of official duty, the report can be submitted in as evidence. However, if the arrest was unlawful in any way, then the officer was acting outside of the course of official duty. If the officer was acting outside of official duties, the exception to the hearsay rule does not apply, and therefore officer statements may be inadmissible.

If a police report is incomplete or incorrect in some ways, then the document will be inadmissible. But these reports are not the only things that can be submitted into evidence. Forensic alcohol experts may be called to testify. Their testimony will be based on the science related alcohol absorption and elimination and a driver's BAC at the actual time of driving.

Witnesses may testify at Department of Motor Vehicles hearings. A defense attorney skilled in drunk driving cases will decide if this is the best approach. Often times witness testimony is not required. Generally, witness statements can be substituted by declarations. Declarations are sworn written statements.

Title 17 requires that blood and breath tests be trustworthy and have established rules related to the establishing the trustworthiness of these chemical tests. A California criminal defense attorney with vast experience in DUI / DWI cases can attack the evidence as being untrustworthy. If the tests are proven to be untrustworthy, they will be inadmissible and would result in a non-suspension of driving privileges.

Once the all admissible evidence has been put on the record, the judge will take the case under submission. The judge will hand down one of two possible rulings. The case may be set aside which means there will be no suspension or limitations on will be placed on the driver's license.

If the case is not set aside, then the driver's license will face revocation, suspension, or some sort of restriction. It is likely that the driver will be ordered to attend and successfully complete alcohol education classes. The length of suspension and degree of restriction on a license is dependant on the driver's history. Past DUI or violations will increase the sanctions. Furthermore, a driver may be required to file formal proof of insurance with the DMV. This is done with the filing of an SR-22 form.