Reader’s Question:

My brother was charged with DUI here in Los Angeles, California and his DMV hearing is in three days. What are the things that are involved in this kind of hearing and where is this held?

Renz

Los Angeles, CA

The Department of Motor Vehicles (DMV) hearing of your brother’s DUI case in Los Angeles, California would take place in a closed room at one the local DMV Drivers Safety Offices. A DMV hearing officer would preside at the course of this hearing. Your brother will be required to be present, along with his DUI lawyer and any witnesses that may be called by either side. The hearing officer should decide three things, all of which should be true before the driver’s license could be suspended. They must prove that your brother was driving a motor vehicle, he was lawfully arrested and his blood alcohol content was at or above a .08% at the time of driving.

Normally, a DUI lawyer would provide the hearing officer with a written legal motion as to why a license suspension should not be imposed. In appropriate cases, the DUI lawyer may call the arresting officer, the defendant and/or their own toxicologists to testify. Questioning the arresting officer at the DMV hearing would generates a transcript that could be used later to negotiate the case with the prosecutor, and/or to prepare the DUI case for a possible trial.

Tags: blood alcohol content, DMV, driver’s license, DUI, DUI lawyer