DMV Hearings

WE PROTECT YOUR RIGHTS AGGRESSIVELY!

DMV hearings are an administrative proceeding regarding your driving privilege and the circumstances surrounding the arrest, not whether you are innocent or guilty of a criminal act. These hearings are much more informal than court. They are run by a Driver Safety Office Hearing Officer, who is an employee of the Department of Motor Vehicles (not a lawyer or a judge). The standard of proof in California DMV hearings is a “preponderance” of the evidence, which is a much lower standard than what is used in criminal court, i.e. “reasonable doubt.”

After a DUI arrest the DMV must be contacted within 10 days to avoid automatic suspension of a driver’s license. It is critical that the DMV be contacted by the individual’s attorney within 10 calendar days of the arrest. On the 11th day, if you have not contacted the DMV, a hearing will be refused and the suspension will automatically take effect in 30 days.

The main purpose of the California DMV hearing is to determine if your license should be suspended or revoked based on following issues:

• If you took a blood or breath test
• Were you driving a motor vehicle when you had .08% or more of alcohol in your blood?
• Did the police officer have reasonable cause to believe you were driving a motor vehicle while intoxicated?
• Were you placed under lawful arrest?

The Law Office of Scott Levy uses a number of strategies to help our clients keep their driving privileges:

We carefully examine the police report from your DUI arrest. If your arresting officer did not properly complete all crucial portions of the police report or accurately sign certain documents it may be all we need to win your hearing.

Did the officer follow rules and regulations regarding a DUI arrest? A police officer must follow strict procedure regarding blood, breath, and urine tests during a California DUI arrest. Falling short of the rules would be deemed unreliable, and your breath or Filed Sobriety Tests results would not be allowed to be used against you.

Use a forensic alcohol expert to challenge the evidence. Using a forensic alcohol expert to review all the evidence and having him or her take part in the hearing is beneficial in trying to convince the hearing officer that your blood alcohol concentration was below 0.08% at the time you were driving.

Use witness testimony to aid your case. We can present testimony of your passengers in the vehicle to fight your DMV case.

In addition, during the DMV hearing, we will also help you obtain a provisional California driver’s license while you await trial of your case. Sometimes it is possible to drop your DUI charge to a lesser offense that will allow you to protect your driving privileges as well. Legal representation from DUI attorney Scott Levy will greatly increase the chances of retaining your right to drive.