DMV DUI Hearing in California

At the hearing there will be several people: the hearing officer who acts as prosecutor and the judge; the counsel (if counsel was hired); the client (does not need to be present if counsel is present) and any witnesses.

The law states each licensee is guaranteed a prompt hearing, on the other hand, no hearing can be scheduled without sufficient time to fully prepare.  There must be sufficient time to obtain all the necessary discovery material, an opportunity to review records of the breathing machine used, ample time to subpoena the appropriate witnesses, an opportunity to check the qualifications of the individual who performed the various tests, along with whatever the counsel seems necessary for the case.

Arguably the most important piece of evidence is the officer’s statement that must be signed under oath. This statement must be performed by the arresting officer and promptly mailed to the DMV DUI Hearing in California within five days of the arrest. The officer’s statement includes the necessary facts to suspend a license, for example, the observation of the driver, probable cause, and the breathing test results.

During the hearing, the hearing officer will listen to the counsel, witnesses, and any evidence presented. It is rare for the hearing officer to make a decision at the hearing but once a decision has been made the individual will learn of the decision in writing.