Chapter 4: The DMV Hearing: How To Keep Your License

DMV Hearings: The Basics

If arrested for driving under the influence (DUI), you will receive a citation or notice to appear in court, as well as a pink paper form with letterhead from the Department of Motor Vehicles (DMV). Many of those arrested for driving under the influence fail to understand the significance of this pink form despite its importance to retaining your driving privileges.

The pink form serves as a formal notification from the DMV of your rights. This includes a statement of your rights and obligations following your arrest, specifying that you have ten days from the date of your arrest to request a DMV hearing. Failure to do so will result in the automatic suspension of your California driving privileges.

The DMV hearing is separate from your criminal court proceedings. It is an administrative hearing to determine whether your driving privileges should be suspended based on the circumstances of your DUI arrest. You can contact the DMV to request a hearing by phone, email, or fax.

Preparing For A DMV Hearing

Preparing effectively for a DMV hearing following a DUI arrest is crucial for potentially retaining your driving privileges. Here’s a comprehensive guide to help you prepare:

Request And Review DMV Documents

You or your attorney should request all documents the DMV will use to determine whether a license suspension is warranted. This typically includes the Form DS 367, officer’s report, blood test or breathalyzer results, driving record and any other relevant evidence. Review these documents carefully to ensure they are complete and accurate. Any discrepancies or missing information can significantly bolster your defense.

Subpoena Additional Evidence

Timely subpoena footage from body-worn cameras and patrol cameras to obtain a clear record of the detention, investigation (including field sobriety tests), arrest and chemical test. This footage can provide critical insights into the legality of the stop and the officer’s conduct.

Attorney E. Michael Linscheid is a seasoned DUI defense lawyer based in the Bay Area, with over 20 years of experience successfully guiding clients through the complexities of DMV hearings and license suspension challenges. His deep understanding of DUI law and proven track record in questioning the reliability of evidence and procedural correctness make him exceptionally qualified to defend your driving privileges.

Have pressing questions related to your DUI charge and don’t know who else you can consult? Contact the Law Office of E. Michael Linscheid today to schedule an initial consultation and have all of your questions answered.

It’s wise to subpoena maintenance and calibration records for the breath and blood testing devices used to determine your blood alcohol concentration. Your attorney should work to ensure that the devices were properly maintained and calibrated according to required standards. In cases with factual disputes that cannot be resolved through documents and recordings alone, subpoena the arresting officer to testify at the hearing.

Legal Grounds For Defense

This entails demonstrating that there is insufficient evidence showing you were driving the vehicle. Challenging the accuracy of the blood alcohol level readings if they are over 0.08 could obtain a set aside or dismissal of the administrative proceedings at the DMV, so don’t hold back if you have solid footing to reserve a license suspension. Question the calibration of the testing devices or the procedures used during testing and argue that the arrest was unlawful due to a lack of probable cause or procedural errors during the stop and arrest.

An experienced DUI attorney can provide guidance on the preparation and execution of your exact defense. This is critical because the DMV hearing process can be surprisingly complex.

Some Experiences Of Arguing At DMV Hearings

I have navigated a significant number of DMV hearings throughout my career, often defending against the suspension of my clients’ licenses. In the many cases where I found success, I challenged the reliability and completeness of the reports relied upon by DMV. It’s not uncommon to find these reports either incomplete or contradictory, casting legitimate doubt on whether the licensee in question was indeed driving, had a blood alcohol concentration above the legal limit, or if the arrest itself was valid.

One effective strategy I have used is scrutinizing the maintenance and calibration records of the breath-testing devices. This strategy has yielded solid ground to stand on in many cases, allowing me to claim that the device was reading inaccurately high. This, in turn, resulted in a finding that my client’s blood alcohol level actually may have been below the legal limit at the time of driving. I have similarly obtained the blood litigation packet and used these records to challenge the results of a blood test.

I have also been successful in leveraging the testimony of the arresting officer. Subpoenaing an officer can undoubtedly be risky, but with proper due diligence, it can be incredibly effective, and it has resulted in a conclusion in my client’s favor with a set aside of the suspension of my client’s driving privileges.

In these instances, I have often used video evidence to undermine claims made by law enforcement in their reports. For instance, if a report alleges that my client was speeding, weaving, or committing another Vehicle Code violation leading to their detention, video footage might tell a different story. This can be absolutely pivotal in achieving a set aside or dismissal of the suspension proceedings.

For more information on The DMV Hearing: How To Keep Your License, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 728-9982 today.