Yes, DMV hearings can be won, though no lawyer can promise a result. The DMV has to prove specific things, and when the evidence has gaps, a strong defense can keep your license from being suspended.
The hearing turns on a few issues. Did the officer have reasonable cause to believe you were driving under the influence? Was the arrest lawful? Was your BAC actually 0.08 percent or higher at the time of driving? An experienced attorney looks for weaknesses in each of these. Maybe the traffic stop lacked a valid reason. Maybe the breath machine was out of calibration or the maintenance logs are incomplete. Maybe the officer skipped a required observation period before the test.
Your lawyer can subpoena the arresting officer, cross-examine them, challenge the reliability of the chemical test, and present evidence in your favor. Because the burden is on the DMV, even a single successful challenge can mean the suspension is set aside.
Winning depends heavily on the facts and on preparation, which is why acting quickly and getting the police reports early matters so much. Learn what happens at a DMV APS hearing and how a DMV hearing defense is built.
This is general information, not legal advice, and every case is different. Call Crudo Law at (858) 622-7280 or visit /contact for a free, confidential consultation.