Summary of DMV Hearing Record
At the DMV Hearing
DMV Evidence
The DMV will produce some or all of the following documents for the Administrative Per Se Hearing:
- Copy of my letter requesting discovery
- DMV request for discovery
- Form DS 367
- Supplement
- CHP 2020 Pages 1-5
- Arrest/Intoxication Report
- Accident Report
- Test Record
- Checklist
- Laboratory Report
- PAS Report
- Field Arrest Data/Booking Report
- Evidence Report
- Storage Report
- DS 360
- Notice of Hearing
- Continuance
- Notice to Appear
- Notice to Stay/Temporary License
- Driver’s Record
- Copy of Driver’s License
- PDOA Records
- Probable Cause Statement
- Other: Request for hearing and supporting documents
The Licensees May Present Evidence
Enclosed are the following suggested documents for filing in the above-entitled matter:
- Experts’ Declaration
- Licensees’ declaration
- Periodic Accuracy Determination Records
- Test Record/checklist
- Subpoena‘s and proof of service
- Other
- The record should also include all correspondence regarding this matter.
Licensee’s documents are usually submitted under Evidence Code section 1280, Government Code sections 11513 and 11514, as affirmative evidence under the holding in Davenport v. Department of Motor Vehicles, (1992) 6 Cal.App 4th 133,142 and are also submitted pursuant to the Order of Suspension which states in relevant part: “You may file the information you would like to present in written form.”
A Licensee may also submit Points and Authorities in support of objections to all evidence and exhibits presented by the Department.
Our criminal attorneys in Los Angeles can help you prepare for your Administrative Per Se hearing and save your license today.
DMV Hearing Issues Challenges
- No Reasonable Cause to Believe Driver Under the Influence
- No Probable Cause to Arrest
- No Probable Cause to Arrest
- Field Sobriety Tests Were Performed Satisfactorily
- The Breath, Blood & Urine Test Are Not Reliable
- Alcohol Test Results Inadmissible for Lack of Foundation
Summary of DMV Hearing and Consequences
The DMV takes action on a motorist’s license independent of the California Court System. An Administrative Per Se hearing is simply a hearing to determine if your Driving privileges should be suspended. It is a complicated hearing. Upon being arrested for a DUI you must contact the DMV within 10 days to stay the suspension of your license pending the resolution of the Administrative Per Se Hearing. This type of hearing is called an Excessive B.A.C. hearing. A failure to contact the DMV within 10 days of arrest will result in an automatic applicable license suspension for whichever time period corresponds to your driving record. The suspension can range from 4 months to 1-3 years. If you have missed the 10 day deadline, reach out to a Beverly Hills DUI Attorney at our firm immediately to try and schedule a late hearing request and recover your driving privileges.
Adults who refuse the blood, breath or urine test or minors who refuse the PAS (Preliminary Alcohol Screen) and/or blood, breath or urine test face a minimum one year license suspension. This type of hearing is called a Refusal hearing. There are unique issues to a Refusal hearing. Before hiring a DUI lawyer to handle your DMV Administrative Per Se hearing, make sure to inquire about the lawyer’s experience with DMV Administrative Per Se hearing laws and case law.
Hearings are complicated and require expertise to know which witnesses to subpoena; evidence to present through testimony, affidavit or declaration, expert testimony; correct legal objections to police reports and alcohol tests/procedures, challenges to refusals and a myriad of issues.
Adults will lose their license for four months for a first violation of Vehicle Code Section 23152, and for a year or more if there is a subsequent violation within seven years. Vehicle Code Sections 23136 and 23140 govern minor alcohol offenses. Minors are subject to the DMV “Zero Tolerance” laws and lose their driving privileges for one year if unsuccessful with the DMV Administrative Per Se hearing. You must hire experienced counsel to win a DMV Hearing. It would be beneficial to be familiar with California DUI laws to help your case.
The Law Office of Bradley S. Sandler A Professional Corporation is a skilled DUI firm located in Beverly Hills and is available to help you fight the DMV and Court with your DUI matter, Call 310-246-3900 or send an email to bradley@sandlerlawfirm.com to request a meeting and get started.