A DMV Administrative Per Se hearing is an administrative proceeding, not a criminal trial. A DMV hearing officer decides whether there is enough evidence to suspend your license because of the DUI arrest. It is usually held by phone or in person and is far less formal than court.
The hearing focuses on a narrow set of questions. Did the officer have reasonable cause to believe you were driving under the influence? Were you lawfully arrested? Was your BAC 0.08 percent or higher, or did you refuse a chemical test? The DMV has to show these points, and your attorney's job is to poke holes in that showing.
Your lawyer can cross-examine the arresting officer, challenge the accuracy of the breath or blood test, question the calibration and maintenance records of the machine, and argue that the stop or arrest was improper. You can also present your own evidence and witnesses.
The DMV hearing officer is a department employee, not a judge, which is one reason having an experienced attorney matters. The outcome affects only your license, but that can be the difference between driving and not driving. Learn how a DMV hearing works and whether you can win your hearing.
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.