If you’ve been arrested for a DUI in California, one of the first challenges you’ll face is the DMV’s administrative hearing. Unlike the criminal case, the administrative hearing is focused solely on your driving privileges. Losing at this stage can result in a license suspension ranging from 30 days to a year. To protect your license and your driving freedom, it’s crucial to understand how the hearing works and what strategies an experienced attorney can use to fight for you.
The Three Critical Issues in a DMV DUI Hearing
The California DMV focuses on three primary issues during a DUI hearing. To win, your attorney must challenge the DMV’s findings on each of these points:
- Reasonable Cause for the Traffic Stop
The DMV will review whether the arresting officer had reasonable cause to pull you over. For example, were you weaving within your lane or committing a clear traffic violation? A skilled attorney will examine the officer’s report and any available dashcam or bodycam footage to determine if the stop was justified. If the officer lacked reasonable cause, the foundation of the DMV’s case could crumble. - Lawfulness of the Arrest
Was your arrest conducted legally? The DMV must prove that proper procedures were followed during your detention and arrest. An attorney can identify inconsistencies or errors in the officer’s actions, such as failing to properly inform you of your rights or mishandling evidence. Any procedural misstep could weaken the DMV’s case against you. - Blood Alcohol Concentration (BAC) Levels or Test Refusal
The DMV will focus on your BAC results or whether you refused a chemical test. If your BAC was 0.08% or higher, they’ll argue this as evidence of impaired driving. However, an experienced attorney can scrutinize the validity of the testing process. Were the breathalyzer or blood test results accurate? Was the equipment properly maintained? If you refused the test, did the officer follow all legal requirements to inform you of the consequences? Identifying weaknesses in this evidence is key to your defense.
Fighting for Your Driving Privileges
A DMV administrative hearing can feel overwhelming, but it’s not unbeatable. With a thorough examination of the evidence, your attorney will target flaws in the DMV’s case. Whether it’s challenging the officer’s justification for the stop, pointing out procedural errors, or disputing the accuracy of the BAC test, every angle will be explored to protect your license.
Losing the hearing isn’t just inconvenient; it can lead to serious consequences. A suspension can last from 30 days to a full year, impacting your ability to commute, work, and handle daily responsibilities. That’s why having a knowledgeable attorney by your side is critical.
Take Action Today
Don’t face your DMV DUI hearing alone. At Chris Cain Law, we have the expertise to navigate the complexities of administrative hearings and fight aggressively for your rights. Call us today at (831) 296-0060 to schedule a consultation and take the first step toward defending your license. An expert advocate is just a phone call away.