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What will happen at the DMV hearing after DUI?

San Diego, CA |

I got DUI in San Diego, and I took the blood test. I have made up my mind to wait for the blood result to come out first before hiring an attorney. I was told by an attorney that when I call DMV and request a DMV hearing, I just need to give them my info and tell them to mail me all the info (BAC and police report) prior to the DMV hearing, is this true? If I choose to represent myself at the DMV hearing, what will happen there? Do I need to be present at the DMV hearing? What will happen at the DMV hearing? What will I be asked?

intent: I would like to just plead guilty if BAC > 0.1; otherwise, hire an attorney and fight. So I want to get a hand on BAC before hiring one. I didn't do a breath test.

Attorney Answers 9


  1. It is true that you can request the DMV hearing yourself. However, you are almost guaranteed to lose your driving privilege if you represent yourself. The DMV will present their case and ask you to present yours. If you testify they will cross examine you and anything you say will be recorded and can be used against you. Under no circumstances testify at your hearing without talking to an attorney first. It is a highly technical proceeding and you should really consider hiring an attorney as early in the process as possible. As for the criminal case, which court is your DUI out of and when is it?

    Contributions on AVVO.com in no way create an attorney-client relationship nor are they intended to be relied upon as a course of action without having first consulted directly with an attorney, where the specific facts and circumstances of your case can be fully discussed.


  2. You have too many questions to reasonably be answered in this type of forum. The DMV will set aside the suspension if your alcohol level is below .08. Often DMV hearings are continued when blood test results are not available at the time of the originally scheduled hearing. The hearing can be continued if you do not receive copies of the paperwork sufficiently in advance of the hearing to adequately prepare. At the hearing, the officer will present the department's exhibilts. Without legal training or education which you can't get through a forum, you will not know how to object to evidence, present evidence on your behalf, or make appropriate argument. There are many issues involved in the hearing. Good attorneys spend conisderable time preparing for these hearings and planning the best strategy based upon the facts and circumstances of each case. Independent Alcohol Experts are sometimes hired to comment on the evidence and testify on your behalf.


  3. This isn't the right forum for this kind of a question. Every one answering your questions is an attorney. How the DMV will treat you as a driver is very different than the way that hearings are conducted with us. It's simply not possible for any of us to educate you how to do a DMV hearing. I again strongly advise you to hire a locally experienced DUI attorney. Your chances of prevailing without one are almost zero. Best of luck.

    Jasen Nielsen


  4. These are all great questions...and all reasons to hire someone. What do you intend to do for court? Public defender or hire someone? If hire, you could be doing yourself a disservice by representing yourself for DMV as that is an important avenue of investigation.

    Why wait for blood results? Was the stop legal? We're the SFST's done correctly? Was a breath machine used? If so, was it working properly? Was the blood drawn properly? The vial it was placed in have appropriate preservative? There is much more to a DUI then just what your BAC level was.

    Any information provided through Avvo.com in response to a question is not, and cannot be considered a formation of any Attorney-Client relationship. Questioner understands that the nature of this system allows only for a cursory review of case information, and more detailed information should not be divulged in this public forum. As such, Questioner is recommended to contact an Attorney in order to discuss the full details of their case and a more specific advisement of potential rights and liabilities.


  5. I agree with my colleagues and would only add if you want you can find an attorney here on AVVO by selecting "Find a Lawyer" at the top of the page. Good luck.


  6. That attorney who told you that you can request the discovery when you contact the DMV for your hearing is brilliant. I would retain that son of a gun in a minute. In addition, there are more items you should be requesting when you contact the DMV. Abraham Lincoln said it best, "He who represents himself has a fool for a client." That quote was good 150 years ago and still is good today. Good luck.

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.


  7. Can't have it both ways. Hire a quality locally experienced criminal defense attorney to assist with the DMV hearing and the criminal court case. Otherwise you will likely continue to be in the dark about the DUI process and your case, driving privileges, and possible freedom may be compromised.

    Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555


  8. Good afternoon! I agree with my colleagues that you do have the option of scheduling and litigating your own DMV administrative per se hearing. The administrative per se hearing is a hearing in which the DMV will present their case against you through a hearing officer. At the hearing you will have the opportunity to present your defense by calling witnesses and using the information that you will subpoena to further your defense. The DMV hearing is a heavy procedural based hearing that requires heightened knowledge in the area. I would recommend as soon as you receive your discovery to consult an attorney to discuss your potential options. Good luck and I wish you the best on your case.


  9. Sounds like you haven't yet engaged the services of a qualified DUI defense attorney. You might be surprised that you can find a quality DUI defense attorney here in San Diego for a reasonable fee.
    Worse yet, it sounds like you're hoping to get a quick legal education so you can represent yourself. What you are really doing is making a tremendous mistake, the negative consequences from which you will suffer for a very long time. You can save some bucks now by not hiring a competent private local criminal defense attorney-no question about that. However, you will see many many times that amount in lost wages, (when you can't find someone willing to hire you), and lost opportunities for education, which in turn will substantially reduce your earning capacity for a lifetime, and loss of your driving privileges. Pay now for a quality criminal defense attorney, or pay, pay, pay later. Most local attorneys here on Avvo offer a free consultation. You should follow up and hire the Attorney that you are most comfortable and confident in to help you successfully resolve this matter.

    Sounds like you haven't yet engaged the services of a qualified criminal defense attorney. You might be surprised that you can find a quality criminal defense attorney here in San Diego for a reasonable fee.
    Worse yet, it sounds like you're hoping to get a quick legal education so you can represent yourself. What you are really doing is making a tremendous mistake, the negative consequences from which you will suffer for a very long time. You can save some bucks now by not hiring a competent private local criminal defense attorney-no question about that. However, you will see many many times that amount in lost wages, (when you can't find someone willing to hire you), and lost opportunities for education, which in turn will substantially reduce your earning capacity for a lifetime. Pay now for a quality criminal defense attorney, or pay, pay, pay later. Most local attorneys here on Avvo offer a free consultation. You should follow up and hire the Attorney that you are most comfortable and confident in to help you successfully resolve this matter.

    619-238-1905
    Sounds like you haven't yet engaged the services of a qualified criminal defense attorney. You might be surprised that you can find a quality criminal defense attorney here in San Diego for a reasonable fee.
    Worse yet, it sounds like you're hoping to get a quick legal education so you can represent yourself. What you are really doing is making a tremendous mistake, the negative consequences from which you will suffer for a very long time. You can save some bucks now by not hiring a competent private local criminal defense attorney-no question about that. However, you will see many many times that amount in lost wages, (when you can't find someone willing to hire you), and lost opportunities for education, which in turn will substantially reduce your earning capacity for a lifetime. Pay now for a quality criminal defense attorney, or pay, pay, pay later. Most local attorneys here on Avvo offer a free consultation. You should follow up and hire the Attorney that you are most comfortable and confident in to help you successfully resolve this matter.

    http://lawofficeofwilliamdaley.com/san-diego-criminal-attorney/dui-the-dmv

    619-238-1905

    I will be happy to speak with you at no cost by phone if you have a San Diego or California matter. Call 619-238-1905 or visit my website at www.lawofficeofwilliamdaley.com

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