DMV Hearing Issues – DUI Probation/Under 21 Years Old
To win the DMV hearing you need to win one of the three following issues:
- Did the Peace Officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140, 23152, or 23153?
- Were you legally detained and placed under lawful arrest?
- Were you driving a motor vehicle when you had 0.01% or more by weight of alcohol in your blood?
Winning DMV Defenses
The DMV has the burden of proof to prove the case against you. Although DMV hearings are tough to win, they can be won if you hire an attorney that knows what they are doing. The following are just some of the areas were the DMV hearing can be won:
- You were not the driver of the vehicle
- The officer did not have a legal reason to pull you over
- You were not given a breath/blood test within 3 hours of driving
- The officer didn’t observe you for 15 minutes prior to the breath test as required by law
- The officer wasn’t properly trained and qualified to administer the breath test
- The police didn’t follow the proper procedure in administering the breath/blood test
- You were under 0.01% BAC at the time of driving
- The DS 367 Officers’ statement was not properly sworn and filled out
- The DS 367 Probable Cause Statement was not properly filled out
- The Officer’s “official duty” was rebutted
- Significant mistakes made in the Officer’s Statement DMV form and police report
- Insufficient or improper DMV evidence
DMV DUI probation/under 21 Hearing Suspension Periods
If you are under 21 or on DUI probation and you lose the DMV hearing, DMV will suspend your license for 1 year with no restriction eligibility.
You Can fight the DMV, contact our office today for a free same day consultation
We have successfully represented many drivers at the DMV APS hearing and have obtained many set asides. Call our office today at (916) 939-3900 to speak directly to an attorney about your DMV APS hearing. We are open 24/7/365 to answer your questions.
