When you have been charged with the suspicion of driving under the influence of alcohol and/or drugs under California Vehicle Code §23152 or §23153, you will be given a Court date to appear before a Criminal Judge in Criminal Court.
It is also very important that you call the DMV within the right jurisdiction and request a DMV hearing within ten days of your arrest. If you do not call the DMV within ten days, you will forfeit the opportunity to have a hearing regarding your driving privileges. If you call in a timely manner, the DMV will put a stay on your license pending your hearing.
The DMV hearing is very different from the criminal court appearance. It is held in front of a DMV hearing officer, and there is no government attorney speaking on behalf of the government. It is the job of the hearing officer to not only make a decision regarding your hearing privileges, but it is also their job to defend against you on behalf of the government. Although, they are meant to be neutral, it is very difficult to win a DMV hearing.
To present your case, your attorney can present your testimony, the police report and any other information and evidence that is crucial to your case.
It is also the burden of the DMV to prove that the blood or breath test measuring your Blood Alcohol level was taken within 3 hours of the beginning of the DUI investigation. Only if the test was administered within 3 hours is it deemed to be accurate, and only then can the DMV consider the evidence of the BAC test to be considered against you.
In a majority of cases it is not difficult for the DMV to prove that the test was administered within three hours of the initial start of the investigation. A majority of the arrest and thereafter are recorded, or it is noted in the officer’s observations or report. All the DMV hearing officer has to do is demonstrate that it was within 3 hours.
In many cases, however,sit is not so easy to prove whether the blood alcohol test was administered within three hours. For example, if there is no accurate surveillance and the officer did not note the time of arrest, then it may difficult to accurately pinpoint when the test was administered in relation to the start of the DUI investigation. Although it is rare that it happens, it is entirely possible. If there is even a slight doubt in establishing whether the BAC was administered within three hours, you have a strong chance of setting aside the license suspension.
If the arresting officer in your case failed to provide an accurate timeline, it is important for you to consult a Los Angeles Criminal Defense lawyer who can review the facts of your case with you. They will be able to prepare a strong argument in your favor so that you have the least possible chances of having your license suspended.