Recently in DMV Hearing Category

December 9, 2011

The Consequences of a California DUI for an Out of State Resident

Many of our clients are in California on business or vacation and find themselves in some legal trouble. If you are stopped on suspicion of driving under the influence in California, but do not have a California driver's license, you may still face suspension or revocation in your home state.

In 1963, California joined the Drivers License Compact (DLC). The DLC is an interstate compact that essentially proclaims that each person has one driving record and one license. The idea is that any violation that occurs out of state, will be treated in the home state as if it were committed in the home state. The home state, must however, have an equivalent statute otherwise the person cannot be charged.

For example, let's say Dan is on business in California and is driving back to his hotel at night after a business meeting. He is stopped and arrested on suspicion of driving under the influence. The next day, Dan goes back to New York, where he lives and has a New York driver's license. The state of New York, also a member for DLC, will prosecute and try Dan as if the offense was committed in New York, under New York law.

Since then, the United States has adopted the Driver's License Agreement (DLA), although there are only a few members thus far. The goals of DLA are to ensure that each state honors the license issues by other member states. Under DLA, each state is required to:


  • Require each state to report traffic convictions to the licensing state

  • Prohibit a member state from confiscating an out of state driver's license

  • Prohibit jailing an out of state driver for a minor violation

  • Require each state to maintain a complete driver's history

Many people who live in Los Angeles are not residents of California and are here for school, work or an extended period of time. In these types of situations, their cases will be heard in California. It makes the situation more complicated if the California DMV hearing officer of the criminal judge considers the laws of the state in which the driver is a resident.

An experienced Southern California DUI Specialist has handled many cases in which the clients are not residents of California. It is a common occurrence in Los Angeles, where people are often moving in and out of the state for school and business.

The DUI Lawyer is familiar with the different agreements and compacts between states that will help determine what law will dictate the ultimate outcome of the case. It is beneficial for the driver to have representation by a person who is well versed and familiar with the different laws so that they can argue in favor of an outcome that allows for the lowest penalty possible.

August 31, 2011

What are the DMV Consequences of a Los Angeles DUI Plea of Guilty or No Contest?

If you are arrested for a driving while intoxicated charge you will have to appear before a criminal judge and enter a plea. You may enter a plea through an experienced San Diego DUI attorney that is representing you, or you may enter it yourself before the judge.
If you enter a plea of guilty or no contest, you will be asked to initial and sign a DUI Advisement of Rights, Waiver and Plea form. This Advisement informs the signer of the possible consequences they may face for their plea of guilty or no contest. Among those consequences, there will be several affecting your rights as a driver and will be addressed by the DMV.

The person making the plea will be notified that if the Court determines that they are a risk to traffic or public safety if they were allowed to drive during the period of license suspension, they will not be allowed to obtain a restricted license. A restricted license allows a driver to drive to and from work and to and from alcohol or drug rehabilitation programs.

The form also advises that a separate civil hearing will be held with the DMV to determine driving privileges. This DMV hearing has no bearing on the criminal proceeding and vice versa. However, any penalty imposed by the DMV will be in addition to the penalty imposed by the Criminal Court and cannot be counted towards the other.

The DMV will also refuse to allow you to operate a commercial vehicle for one year if it is a first offense DUI, or there was a refusal, even if it occurred in a non commercial vehicle.
Additionally, the DMV will revoke your driver's license for 4 years if you have a prior felony conviction in the past ten years of certain sections of the California Vehicle Code, or the California Penal Code. When deciding a proper penalty, the DMV will also take into consideration any other DUI convictions or reckless driving convictions and may impose a more severe suspension or revocation.

In order for a license to be restored after the mandated time of suspension has been served, the driver must provide proof of insurance as well as a successful completion of an alcohol/drug program, even if it is not required by the criminal court.

The DMV consequences you may face for pleading guilty or no contest to a DUI are as serious as the criminal court sentences. A Los Angeles Criminal Defense lawyer can represent your interests and protect your rights during a DMV hearing. Do not enter a plea before considering all the available options and defenses by discussing it with a DUI specialist. With the help of a professional, you may be able to reduce your penalties or possibly even have your case dismissed.

August 31, 2011

What are the DMV Consequences of a Los Angeles DUI Plea of Guilty or No Contest?

If you are arrested for a driving while intoxicated charge you will have to appear before a criminal judge and enter a plea. You may enter a plea through an experienced San Diego DUI attorney that is representing you, or you may enter it yourself before the judge.
If you enter a plea of guilty or no contest, you will be asked to initial and sign a DUI Advisement of Rights, Waiver and Plea form. This Advisement informs the signer of the possible consequences they may face for their plea of guilty or no contest. Among those consequences, there will be several affecting your rights as a driver and will be addressed by the DMV.

The person making the plea will be notified that if the Court determines that they are a risk to traffic or public safety if they were allowed to drive during the period of license suspension, they will not be allowed to obtain a restricted license. A restricted license allows a driver to drive to and from work and to and from alcohol or drug rehabilitation programs.

The form also advises that a separate civil hearing will be held with the DMV to determine driving privileges. This DMV hearing has no bearing on the criminal proceeding and vice versa. However, any penalty imposed by the DMV will be in addition to the penalty imposed by the Criminal Court and cannot be counted towards the other.

The DMV will also refuse to allow you to operate a commercial vehicle for one year if it is a first offense DUI, or there was a refusal, even if it occurred in a non commercial vehicle.
Additionally, the DMV will revoke your driver's license for 4 years if you have a prior felony conviction in the past ten years of certain sections of the California Vehicle Code, or the California Penal Code. When deciding a proper penalty, the DMV will also take into consideration any other DUI convictions or reckless driving convictions and may impose a more severe suspension or revocation.

In order for a license to be restored after the mandated time of suspension has been served, the driver must provide proof of insurance as well as a successful completion of an alcohol/drug program, even if it is not required by the criminal court.

The DMV consequences you may face for pleading guilty or no contest to a DUI are as serious as the criminal court sentences. A Los Angeles Criminal Defense lawyer can represent your interests and protect your rights during a DMV hearing. Do not enter a plea before considering all the available options and defenses by discussing it with a DUI specialist. With the help of a professional, you may be able to reduce your penalties or possibly even have your case dismissed.

August 19, 2011

How Does a Refusal Affect my San Diego DUI Case During Trial?

Many of our clients believe that because they have refused to take a Blood Alcohol Test during the time of their DUI arrest, there will not be enough evidence to find them guilty of a DUI. This, however, is not true. A person may be found guilty of a DUI based on the arresting officer's observations and any statements made by the driver.

When a person has been charged with a criminal offense, they have the option to accept a plea bargain made by the prosecutor. A plea bargain is an offer for the person being tried to plead guilty for a charge and in exchange receive a lower penalty. If a plea bargain is taken, the person charged will plead guilty to a charge before the criminal Judge and will be given a lowered sentence. If the charged person does not accept the plea bargain, further negotiations may be made. If there is no agreement, the case proceeds to trial.

Lets say David has been charged with a DUI where he has refused to take any BAC test. Officer's observed him as slurring, smelling of alcohol and weaving in and out of lanes. David believe that because he refused to take the BAC they will have no proof as to his intoxication and the case will be dismissed. Prosecutors offer David a plea bargain. They explain to him that if he pleads to a misdemeanor DUI, they will drop any enhanced penalties because of the refusal, and give him the lower end of the legislative penalty for Driving while intoxicated in California. If David takes the offer, he will go before a Criminal Judge and plead guilty to a DUI, be sentenced and his case is closed. However, if David decided he absolutely believes he is innocent, or that there is not enough evidence to find him guilty, he will proceed to trial.

The mistake many people make in a DUI case is that they believe there is not enough evidence to find them guilty of a DUI when they have refused to take a BAC test. Consequently, they do not take a plea bargain and opt to go to trial instead so that the court can make a finding. When there is a trial for a DUI in which the driver has refused to take a BAC test, the jury receives special instructions when determining a verdict. You can use the refusal as an admission of guilt if the person refused to submit for a BAC test after they were given an admonishment of rights. This assumption may only be used if it was given AFTER the admonishment of rights were read and if they were read properly so that the person understood which rights they were giving up.

Due to the fact that there is an assumption of guilt associated with a refusal in trial, it is in the best interest of a person who is charged with a DUI to retain an experienced San Diego DUI attorney. A knowledgeable DUI specialist will be able to provide a thorough analysis of the facts and determine which course of action and possible defenses will be best for the outcome of the case.


August 17, 2011

What Happens at a Los Angeles DMV Hearing When There is a Refusal?

During a Los Angeles DMV hearing, the burden is on the driver to prove that they were not intoxicated while driving at the time of the arrest. If an attorney has been hired on the case, then it is the job of the attorney to present a case that demonstrates that there was little or no blood alcohol content. This is completed through testimony, casting doubt on the credibility of the arresting officer's report and any additional witnesses or documents that are necessary.

During the routine DMV hearing the DMV officer will determine whether there was reasonable suspcicion of the arresting officer to stop the driver, whether a blood alcohol content test was taken, and whether the results of that test were over .08. For most DMV hearings, the issues addressed will be these. However, when no BAC test was taken, the DMV hearing will follow an alternate path.

When there is a refusal, the officer will address the issues pertaining to the refusal. They will ask what the reasons were for refusing to take any of the tests offered and whether the person was read an admonishment of rights regarding the refusal.

Anytime a person has refused to take a BAC test, for any reason, the officer must read them an admonishment of rights verbatim. It informs the arrested person that refusing to cooperate and take a test may result in added penalties if they are convicted. If an admonishment is not read properly or at all to the arrested driver, the additional penalties may not be included with the final sentence.

The DMV hearing officer must determine whether there was a refusal, and if there was a refusal, if an admonishment was properly given. This will determine the proper standards in which they can suspend or restrict a license, and the appropriate length if found guilty. When there has not been a refusal, the DMV officer will not go into the issue of admonishment of rights. It is irrelevant.

For example, Daisy has been arrested for a DUI. She was stopped for not stopping before taking a right turn at a red light. Officers believed she may be intoxicated and asked to take a blood alcohol test. She agreed and allowed the officers to take her blood. During her DMV hearing, the officer questioned Daisy about the right turn at a red light. The officer assessed whether this was what had happened using Daisy's testimony and the arresting officer's report. After having made a determination, she asked about the BAC test, which Daisy agreed to having taken. The officer ruled out any refusal issues, and then determined the outcome of the blood test.

In comparison, lets say that Daisy had refused to take the BAC test. The DMV hearing officer would still address the issue of whether Daisy had in fact failed to stop at a red light before making a right turn, and whether this constituted enough probable cause for the officer to stop her. However, the DMV officer will then ask why Daisy had refused to take the BAC test, and whether she had properly been read an admonishment of rights. Even if Daisy had attempted to take both tests, but was unable to do so, it will be considered a refusal.

When there is a refusal there are different issues to be addressed at a DMV hearing. There are also additional consequences to be considered. Many people believe that the DMV hearing is not as significant as the criminal court proceedings, but that is in fact not true. There should be a Los Angeles Criminal Defense lawyer representing a person's rights and interests at both types of hearings in order to keep penalties at a minimum and increase any chances of the case being dismissed.

August 15, 2011

What Type of Evidence is Used in a Los Angeles DMV Hearing to Protect my Driving Privileges?

When a person is arrested on suspicion on a DUI, they will have to appear before a criminal judge and at a DMV hearing. The criminal court will determine if there is enough evidence to demonstrate beyond a reasonable doubt that her person was intoxicated while driving. If they are found guilty, the court will determine an appropriate penalty that will involve a fine, probation and potential jail time. The DMV hearing will determine whether the person was driving while intoxicated as well, but if found guilty will only determine the consequences to driving privileges. The two are separate findings, one does not influence the other
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During a DMV hearing, the hearing officer will introduce the police report that was prepared by the arresting officer. This will include a description of the events and any observations made by the officer. Also in the report will be the result of any blood alcohol content tests that were taken at the station the night of the arrest. The observations and accounts of the event made by the officer are generally taken with high credibility, and if challenged will required a significant amount of proof.

The driver is allowed to have a Los Angeles DUI Attorney be present at a DMV hearing and make an argument on their behalf. The attorney will often question the driver with the hearing officer present so that the person being charged can present their side of the story and have it go on record. This testimony will then be considered by the officer when making a decision.

Additionally, if the attorney advises that the blood alcohol test may have been corrupted, records may be collected regarding the maintenance and accuracy of the test. If it is a blood test, the results may be questioned and the lab may be asked to provide documents demonstrating their procedures to maintain the accuracy of the blood sample. If a breath test was taken , an attorney might request that documents be presented showing the maintenance and calibration of the breathalyzer to ensure that it produces accurate results.

If a lawyer presents a strong enough argument that casts doubt on the officer's report or reduces credibility, the DMV hearing officer may continue the hearing and schedule a date upon which the arresting officer can be present to testify. After all evidence has been collected and the DMV hearing officer has heard all testimony that is relevant to the case, he or she will make a decision regarding driving privileges.

The DMV hearing is as significant to the person's life as is the Criminal proceeding. The hearing is conducted in a manner which allows for evidence to be presented just as it is in criminal court. Many people believe the DMV hearing does not need an attorney and can be handled on their own. However, if an experienced Los Angeles DUI lawyer is present to make the proper arguments and present the right evidence, it may make a difference between having a restricted license, or a suspended license.

July 27, 2011

What are the Potential Consequences for Refusing to take a Blood Alcohol Test During a Los Angeles DUI Stop?

When a person is stopped and asked to take a Blood Alcohol Test, a refusal to do so, may lead to serious consequences. When a person is granted the privileges of driving in California, along with the obligations and duties is implied consent to cooperate if a driver is questioned by officers regarding a possible DUI. By holding a valid driver's license, you are agreeing that if you are stopped by officers, you will comply with requests to take a breathalyzer or blood test in order to test your blood alcohol content (BAC). Refusing to take the BAC test will have serious consequences because you are going against your previously given consent.

During a DUI arrest, officers will administer BAC tests at two separate occasions. You will be given a field sobriety test at the scene of the stop when the officer initially questions the driver. The initial sobriety test is not required by law and will not have severe consequences for refusal. However, the breath or blood test you are asked to take after being taken into custody at the police station is required by law. You do have the right to refuse, but will face additional consequences if convicted of a DUI.

If you refuse to take the breath or blood test that is required, officers must admonish you of the consequences. They must read it verbatim from a form and have you sign it acknowledging that you understand the additional penalties you may face for having refused. If this form is not read and signed, there is a strong argument for any additional penalties incurred as a result of the refusal to be dismissed.

If a person refuses the BAC test after having been admonished of the possible additional consequences and they are convicted of a DUI, they will most likely be sentenced to mandatory jail time. Those that have opted to refuse the test may be looking at 48 hours of jail time and a year long suspension if they are a first time offender. Second time offenses may be sentenced for 96 hours of mandatory jail time and a 2 year license suspension. Third time offenders will be penalized with 10 days jail time and 3 years of license suspension.

These penalties are in addition to the general DUI sentence. The refusal is an enhancement that adds additional jail time, fines and length of license suspension to the general DUI penalties. For example, a woman is charged and convicted of a Southern California DUI for the first time. In addition to the DUI, the woman refused to take the breath or blood test at the station giving her the added enhancement of a refusal. The Judge sentences her to a day in jail and a fine of $1000 and probation. As a first time offender of a DUI she may be penalized a fine between $390 to $100 and very minimal jail time, if any. However, because she refused the BAC test, her jail time will be a 3 days (the one day and additional 48 hours) as well as the fine and probation. The DMV hearing will determine the suspension or revocation of driving privileges. What the DMV hearing officer decides will have an added suspension of one year if there was a refusal.

When you are arrested for a DUI, the consequences of a refusal are not something you think about. However, they do come up as an issue later on during the Criminal proceedings and the DMV hearing. An experienced Los Angeles DUI lawyer can prepare a powerful defense in your favor to help mitigate or dismiss the additional penalties.

July 22, 2011

What Happens at a Los Angeles DMV Hearing Pursuant to a DUI?

The proceedings at a Los Angeles DMV hearing are very different from those in Criminal Court. The DMV hearing may take in person, or at the request of a Los Angeles Criminal Defense lawyer, over the telephone. Telephonic hearings are often requested by the attorney so that they can help coach you with the testimony. The DMV hearing officer will call you the law office and the attorney and client will be present and listening over speaker phone. All dialogue is on the record and will be conducted with the professionalism and legal guidelines as any proceeding, but is just a lot more convenient for all parties involved.

The officer will call at a scheduled time and will confirm the name of the attorney and the client. The client is identified by providing full name, birth date and address. The attorney will be identified by providing a name, and address. The officer will introduce the different exhibits as evidence, one of which will be the arrest report including the officer's statements. The issues will be stated and the officer will ask which the attorney stipulates to, and which he or she is contesting.

Once all issues have been stated and it has been entered on the record what is being contested the DMV hearing officer will swear in the client and any other witnesses that are going to testify on the record. The attorney will then ask the client questions, followed by any questions the officer may have.

Some of the questions the attorney will ask are general to most DMV hearings, however some will be specifically tailored to the specific case before the hearing officer. The attorney, through questioning will try to establish that the client was not intoxicated while driving. Oftentimes this is done by discrediting the officer whose statements serve as the sole evidence, or by establish additional witnesses who can account for the driver's actions.

The experienced Los Angeles DUI specialist will ask general questions asking for the client's story of the night they were arrested, asking questions to elaborate on parts that he or she feels are worth putting on the record. The hearing officer will likely counter asking what the client remembers from the night and trying to protect the credibility of the arresting officer's statements and weakening the credibility of the driver. Because the driver is presumed to be intoxicated, their account of the events is taken with little regard. The officer and most often the court will assume that the driver was under the influence of alcohol and/or drugs and does not have an accurate memory of the night.
At the conclusion of the hearing the officer will make a decision regarding the status of the driver's license. Sometimes if there is room for argument and the attorney has presented powerful testimony, the hearing officer will not be able to make a decision based on the facts presented and will have to hear testimony from the arresting officer regarding the facts from the night of the arrest. In this case, a second DMV hearing will be scheduled.

The DMV hearing is an important part of the DUI process and one that holds the final decision regarding your driving privileges. A knowledgeable DUI attorney provides the guidance you need to make sure your credibility is strengthened and your side of the case is heard on the record before any decision is entered. Without an attorney, it is difficult to be sure of the right questions to ask and what to say in response to the DMV hearing officer. For the best possible results and to assure that your driving privileges are only suspended for a minimal amount of time, and a restricted license is granted, seek the help of an expert that has been conducting DMV hearings for over 30 years!

July 20, 2011

What Issues are Addressed During a Los Angeles DMV Hearing?

During a DMV Hearing the officer will ask questions and review the arrest report to determine several issues and make a decision regarding the restriction or suspension of your driver's license based on their findings. All questions asked and evidence gathered will be directed towards determining answers and argument centered around the issues that must be determined.

At the hearing the DMV officer must first determine whether the arresting officer had valid probable cause to stop the driver. The officer may not stop any driver without a valid reason to do so. Majority of times the driver is stopped for a violation of the California Vehicle Code. This could be running a red light, speeding, an illegal u-turn, or similar offenses. If a person violates the vehicle code, the officer has a duty to stop the driver and cite them for the violation. If during the stop the officer believes the person may be intoxicated, they have the right to conduct a sobriety test to determine if they could possibly be guilty of a DUI.

An officer also has probable cause when they check up on a person who had gotten into an accident or is pulled over at the side of the road. When a person is pulled over or has just gotten into an accident, the officer must conduct a welfare check to determine whether the person is ok or if they need assistance. At the time of the check the officer may determine the person is under the influence of drugs and/or alcohol and give the person a sobriety test.

The DMV officer must also determine if there was reasonable cause for the arresting officer to arrest the driver. They must look into observations made by the officer regarding intoxication to determine if the arrest was proper and with reason. If there was no reason to arrest the driver, there may be no case for DUI.

The hearing officer will also asses the facts of the case to determine whether a sobriety test was taken and if so which one. The driver has a right to refuse the preliminary alcohol screening test administered at the site of the arrest, but refusing the test at the station may lead to more severe consequences if the person if found to be driving under the influence. The driver also has a choice between the blood test, and the breath test, but by implied consent one must be taken at the station. Implied consent is consent given when a person is issued their driver's license. It implies that the person agrees to submit to an alcohol screening test when asked to do so by an officer.

If all other issues have been demonstrated, the final point the officer must determine is if the Blood Alcohol Content reading is a .08 or over. This will be completed by confirming the BAC reading from the blood or breath test and determining that there was no error in the use of the machine or its maintenance.

The job of the Los Angeles Criminal Defense lawyer is to prove to the DMV hearing officer that the elements required to be found guilty of a DUI are not met. This is completed through testimony and casting doubt upon the officer's report and observations from the night of the arrest. If the different issues are not proven sufficiently, the driver may not be found guilty of a DUI, and their license will not be suspended or revoked.

July 15, 2011

The Importance of Proper Preparation for a Los Angeles DMV Hearing

When a person has been charged and arrested for a Southern California Driving under the Influence charge they must appear before a criminal court Judge as well as a DMV hearing officer. The criminal court will determine if they are guilty of a DUI and will dismiss or sentence accordingly. The DMV hearing officer will hear the facts of the case and if found guilty will take actions against the person's driver's license.

Each person has the right to a criminal defense lawyer to represent them in both the criminal court proceedings and the DMV hearing. Hiring an attorney to represent the driver during the DMV hearing not only ensures that the person is properly prepared during the testimony, but also that their rights are protected. A powerful argument made during the DMV hearing can help prevent the California driver's license suspension for an extensive amount of time, and in certain situations may allow them to retain the use of their license on a restricted basis.

During a DMV hearing the officer will present the arresting officer's report and will give the person charged an opportunity to present their side of the case on the record. The driver has the burden of proving that they were not intoxicated while driving. They must prove their case through strategic testimony.

The careful preparation and practice testimony prepared by an experienced Los Angeles Criminal Defense lawyer will assure that the DMV hearing officer is aware of all issues pertaining to the case and that all facts are put on the record. These facts are brought out through testimony and the criminal defense attorney will help their client go through questions and issues prior to the hearing, as well as be present during the hearing to guide the questioning.

Oftentimes, the hearing officer must learn all sides of the case, and if a person does not have an attorney to represent them during the hearing, they will not know what to say and may make statements that could damage their case.

Recently we had a client who had a very difficult case. She believed that she had been drugged, was very scared and terrified about the whole ordeal. A DMV hearing was the last thing she needed to stress her out and remind her of the night she was traumatized by. With the guidance and help of our knowledgeable attorney, Ronald Hoffman, she was able to get through the DMV hearing. The DMV officer is trained to remain unsympathetic to emotional stories regardless of how difficult the situation is for the driver. Despite the sadness and tears our client had while answering the questions, she was able to persevere through the testimony with the attorney asking her questions and guiding her responses while sitting right there next to her.

When a person is already stressed out by appearing before a criminal court Judge, the added hassle of a DMV hearing may be more than they are able to deal with. There is a great benefit in having an experienced Los Angeles DUI attorney to help guide you through the testimony and ask questions that would normally be left up to the DMV hearing officer. Additionally, the lawyer can spend time with you beforehand preparing you for the questions that will be asked and the best way to phrase responses so that the DMV officer understand that you are not just another case number, but a person with a name and a side of the story that would not normally be heard.

July 13, 2011

What is the Difference for Burden of Proof in a Los Angeles Criminal DUI Case and a DMV Hearing?

The burden of proof in a criminal case refers to whether the government (Department of Motor Vehicles or the Prosecutor) or the driver has to prove the person being charged meets the standard required to be found guilty of the offense.

During a DUI case in front of the Criminal Judge, the Prosecution has the burden to prove that the driver is guilty of driving while under the influence of alcohol and/or drugs beyond a reasonable doubt. What this means is that the government attorney must demonstrate to the court that there is enough evidence that demonstrates the person was guilty of a DUI beyond the doubt of a reasonable person. If there is any kind of doubt upon any part of the evidence, or the evidence as a whole, the burden has not been met. The person being charged has no obligation to prove that they were not intoxicated and driving. They have the right to defend themselves against accusations made or presented by the government, but do not have the burden of disproving intoxication while driving. If the government cannot present enough evidence as to alleviate any reasonable doubt, then they have not met their burden and the driver is not guilty of a DUI.

Assuming as an example, a person is being charged with a DUI in front of a criminal Judge. Prosecution presents a Blood Alcohol Reading and the officer's statements as evidence. However, the officer has been cited several times previously for fabricating reports and there is a conflict between his story and the driver's. There was a second car on scene that witnessed the whole event and corroborates the driver's story causing further doubt on the officer's report. Additionally, the blood alcohol machine records show that the machine has not been calibrated or sent for proper maintenance in a few years resulting in a margin of error on readings. Due to the discrepancies in the officer's report and the possible erroneous reading on the breathalyzer the prosecutor has not proven the case beyond a reasonable doubt. The accused driver has no obligation to show through evidence that he was not intoxicated, the case will be dismissed.

During a DMV hearing the burden is on the driver to demonstrate that they were not intoxicated while operating a motor vehicle. The DMV hearing officer does not have the obligation to show that the driver was intoxicated like the government does in a criminal case before the Judge. The officer must listen to the testimony of the driver and that will be entered as evidence against the claim of driving while intoxicated.

For example, during a Southern California DMV hearing, and officer enters the arrest report prepared by the arresting policeman that the driver showed signs of being under the influence of alcohol and was weaving in and out of lanes. Additionally, the driver made statements admitting that she had had several drinks of hard alcohol and decided to drive. Although the driver will have the chance to testify with the help of her attorney before the DMV hearing officer, she will likely not be able to disprove the assumption that she was drinking and driving. In this cases, the burden that she was not intoxicated will not be met, and the DMV will suspend her license according to their laws.

The burden of proof will determine how the case should be argued, defended and presented. The proper evidence and testimony must be prepared according to whether the case is being heard by a criminal Judge or a DMV hearing officer. An experienced Los Angeles DUI lawyer has handled these cases thousands of times and knows what the best argument will be based on the circumstances and who the case is being presented to.