Strategy at an Administrative Per Se Hearing in CA
What Happens at the DMV DUI/DWI Administrative Per Se Hearing?
You Have 10 Days From the Time You Are Arrested to Request a DMV Hearing Regarding Your License
A DMV Administrative Per Se Hearing is an informal proceeding that occurs in-person or can occur over the telephone. The hearing officer conducts the hearing acting as both the judge and prosecutor. This is a conflict that is allowed to exist under current law and requires a truly knowledgeable and savvy attorney to handle.
The Law Office of Johnson & Johnson generally conducts the DMV hearings in person as opposed to telephone hearings. We feel this is an important service to provide our clients and we are convinced based on our experience and success that it is important to conduct the hearings in person.
The hearing occurs at a DMV Driver’s safety office in a plain room with generally a simple table and chairs, tape recorder and telephone. The hearing officer and the attorney are present. The hearing officer will make a decision on whether to require the law enforcement officer who arrested you for DUI to appear. The DMV is not required to bring in the officer and can rely entirely on the police report.
The attorney can compel the law enforcement officer’s appearance if it is in the interest of the client to have the law enforcement officer present. The attorney can compel other witnesses to appear and testify if it is in the client’s interest, including expert witnesses to address issues such as the validity of the chemical test.
The Issues to Be Decided at the DMV Hearing Are(When a Chemical Test Was Taken):
- Did the officer have reasonable cause to believe that the accused was driving a motor vehicle in violation of the drunk driving laws (CVC 23152 or 23153)?
- Was the accused lawfully arrested?
- Was the accused driving a motor vehicle when she or he had .08 or more, by weight, of alcohol in their blood?
When No Chemical Test Is Taken:
- Did the officer have reasonable cause to believe that the accused driver was driving a motor vehicle in violation of the drunk driving laws (CVC 23152 or CVC 23153)?
- Was the accused driver lawfully arrested?
- Was the accused driver told that their driving privilege would be suspended for one year, or revoked for two or three years, if they refused to submit to, or failed to complete, a chemical test?
- Did the accused driver refuse to submit to, or fail to complete, a chemical test after being requested to do so by a peace officer?
The Law Office of Johnson & Johnson has many winning strategies that address each of the issues raised at an Administrative Per Se hearing. We have been very successful in formulating different winning strategies for our clients.