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How is the DMV hearing different from the court trial for DUI?

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The DMV hearing is an administrative proceeding regarding your driving privilege and the circumstances surrounding the arrest, not whether you are innocent or guilty of a criminal act. Only the following issues will be discussed:
If you took a blood or breath or (if applicable) a urine test:

* Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140 , 23152 , or 23153 ?
* Were you placed under lawful arrest?
* Were you driving a motor vehicle when you had 0.08% or more by weight of alcohol in your blood?
If you refused or failed to complete a blood, breath test, or (if applicable) a urine test:

* Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140 , 23152 , or, 23153 ?
* Were you placed under lawful arrest?
* Were you told that if you refused to submit to or failed to complete a test of your blood, breath, or (when applicable) urine, your driving privilege would be suspended for one year or revoked for two or three years?
* Did you refuse to submit to or failed to complete a blood or breath test, or (if applicable) a urine test after being requested to do so by a peace officer?
What is the plan of action your attorney will follow in preparing for the DMV hearing?

An attorney at this office will review your police report and look for large inconsistencies first. These include the wrong color car, the wrong car, whether you are the size or ethnicity noted in your police report. These large inconsistencies in my experience are the easiest manner to win a DMV Administrative Per Se hearing.

Next, time to look at the applicable law. Many DMV officers have little to none formal legal training, and if there is law that would suggest either innocence or improper conduct, these issues can be argued with a non-lawyer.

Next discuss the case with you, and/or look over your statement of the stop. This allows our office to see if there are inconsistencies not easily ascertainable by reviewing the police report alone.

Lastly, look at the facts. Were you pulled over for an improper reason? Generally I explain this to be when an officer pulls someone over for the color of their skin, something blatantly illegal. This would be means to argue that all evidence of your stop should be suppressed.

Were you weaving, but only within a lane for a short period? The applicable law states this is not a proper stop. Make sure to ask whether your stop was valid, only you know all the facts of your stop. Make sure your attorney is willing to discuss this with you.

Remember, your police report is the key to your case. Without it, there is no "guessing" what will happen with your case, even with education or experience as a lawyer. However, our office will discuss the facts as you remember them, as there are parts of a case which are not likely to change on the police report and your account of events. If you talk to other attorneys, these are the sort of questions you should be asking. How will my attorney prepare for my DMV hearing? That is a fair question, you are entitled to an answer.