Is the DMV hearing worth fighting and can these hearings be won?
Yes. In many cases, there are legal questions on at least one of the three criteria above. The DMV must answer all three affirmatively to suspend the driving privilege. A skilled DUI attorney can help discover and factually develop the issues that can win your case at the DMV.
According to the DMV's own statistics for 2001, the last year available, 17% of ALL persons who were suspended for DUI at the time of their arrest kept their driver's license by simply requesting a hearing to fight the suspension. The statistics below are from the DMV site.
| Total Admin Per Se (APS) Hearings |
FY 00/01 |
| Total .08 and .01 in person or telephone APS hearings scheduled |
39,959 |
| Percentage of total APS actions resulting in scheduled hearings |
21.7% |
| Total .08 and .01 in person or telephone APS hearings held and/or completed |
38,591 |
| .08 Hearing Activity: |
| .08 hearings held and/or completed |
35,408 |
| .08 actions sustained or upheld following hearings |
30,618 |
| Percentage of .08 APS actions sustained/upheld following hearings |
86.5% |
| .01 Hearing Activity: |
| .01 hearings held and/or completed |
3,183 |
| .01 actions sustained or upheld following hearings |
2,698 |
| Percentage of .01 APS actions sustained/upheld following hearings |
84.8% |
It’s been reported that hiring an experienced and knowledgeable attorney increases the odds of winning to somewhere between 40% and 70%, depending upon the skills of the lawyer, hearing location and the particular hearing officer that your case is assigned to.
In a license suspension hearing, the DMV has to show that the suspension of your license is justified. The statement contained in the paperwork (temporary license and order of suspension) that YOU have to show the suspension not justified is a significant and very misleading statement of the law. The DMV has the burden of proof, not you.
This law requires the Department of Motor Vehicles (DMV) to suspend or revoke the driving privileges of any person arrested for driving under the influence who:
- Takes a breath test which shows a Blood Alcohol Concentrate (BAC) of 0.08% or more, 0.05% or more if under age 21, or
- Takes a blood or urine test and the officer believes that the driver is at or above the 0.08% BAC, 0.05% if under age 21, or
- Refuses to take or fails to complete a blood, breath or urine test of his or her BAC.
