If the California Department of Motor Vehicles (DMV) has suspended or revoked your driver’s license after a DUI-related arrest, you may have the right to challenge the administrative action at a DMV hearing.
One of the most important concepts in that process is the burden of proof: What must the DMV establish before it can sustain the suspension or revocation?
A California DMV Administrative Per Se (APS) hearing is separate from a criminal DUI case. The DMV is not deciding whether you are guilty of a criminal offense. Instead, the hearing generally concerns whether the DMV has established the facts required to suspend or revoke your driving privilege under California law.
For an alcohol-related APS action, the DMV generally must establish the required statutory facts by a preponderance of the evidence.
What Does “Preponderance of the Evidence” Mean?
A preponderance of the evidence generally means that a fact is more likely true than not true.
This is a lower standard than the beyond a reasonable doubt standard used in a criminal DUI prosecution.
The DMV therefore does not have to prove a criminal DUI charge beyond a reasonable doubt at an APS hearing. It must establish the specific statutory facts required for the administrative action under the applicable standard.
What Does the DMV Have to Prove?
The exact requirements depend on the type of APS action and the driver’s circumstances.
In a typical alcohol-related APS case involving an adult driver, the DMV generally must establish:
The peace officer had reasonable cause to believe the person was driving a vehicle in violation of the applicable DUI laws.
The person was lawfully arrested.
The person was driving with a blood-alcohol concentration (BAC) at or above the applicable legal threshold.
For an ordinary adult driver, the applicable BAC threshold is generally 0.08 percent or more.
Different rules can apply to drivers under 21, commercial drivers, drivers on DUI probation, and cases involving an alleged chemical-test refusal.
The DMV Must Establish the Required Facts
The existence of a DUI arrest does not, by itself, answer every question at an APS hearing.
The hearing officer considers the evidence to determine whether the statutory requirements have been established.
Depending on the case, relevant evidence may include:
The peace officer’s sworn report.
Chemical-test results and records.
Breath-test or laboratory documentation.
Arrest-related reports.
Statements attributed to the driver.
Other relevant DMV records and documents.
Evidence presented by the driver.
If the DMV fails to establish a required fact by a preponderance of the evidence, California law provides for the administrative action to be rescinded in the circumstances specified by the applicable statute.
Can the Driver Challenge the DMV’s Evidence?
Yes.
A driver generally has rights in the administrative hearing process that can be important when challenging the DMV’s evidence. Depending on the proceeding, these may include the right to:
Review evidence relating to the case.
Present relevant evidence.
Testify.
Present witnesses.
Cross-examine witnesses when applicable.
Subpoena relevant witnesses or documents.
Be represented by an attorney or other representative at the driver’s expense.
A driver may also request discovery of evidence in the DMV’s possession, subject to applicable procedures and deadlines.
Potential issues can include whether the evidence establishes who was driving, whether the officer had the required reasonable cause, whether the arrest was lawful, whether the chemical test was properly administered or documented, and whether the evidence establishes the required BAC.
A potential issue does not automatically mean the suspension will be overturned. Its significance depends on the applicable law and evidence.
APS Hearing vs. Criminal DUI Case
The DMV proceeding and criminal DUI case are separate.
A criminal prosecution asks whether the government has proven the elements of a criminal offense beyond a reasonable doubt. An APS hearing asks whether the DMV has established the statutory facts necessary to sustain the administrative action.
As a result, a DMV suspension can potentially be sustained even while a criminal DUI case is pending. Likewise, the outcome of the DMV hearing does not determine criminal guilt or innocence.
How Long Do You Have to Request an APS Hearing?
For an APS action, the DMV generally states that a driver has 10 days from receipt of the Order of Suspension/Revocation to request a hearing.
This deadline is important. The specific DMV notice should be reviewed promptly because procedures and deadlines can differ for other types of DMV administrative actions.
What Should You Review Before the Hearing?
Before an APS hearing, review the documents provided by the DMV, including:
The Order of Suspension or Revocation.
The officer’s sworn report.
Chemical-test records.
Breath-test or laboratory records, when applicable.
Arrest-related reports.
Other documents submitted to the DMV.
The goal is to determine which statutory requirements the DMV must establish and whether the evidence supports each one.
Frequently Asked Questions
Does the DMV have to prove my DUI beyond a reasonable doubt?
No. An APS hearing is an administrative proceeding, not a criminal DUI trial. The DMV generally applies a preponderance-of-the-evidence standard to the required statutory facts.
Who has the burden of proof?
The DMV has the burden of establishing the facts required to sustain the administrative action.
What does preponderance of the evidence mean?
It generally means that the evidence establishes a fact as more likely true than not true.
Can I challenge the DMV’s evidence?
Yes. Depending on the proceeding, you may be able to review evidence, present evidence and witnesses, cross-examine witnesses when applicable, and subpoena relevant witnesses or documents.
Can I have an attorney at the hearing?
Yes. The DMV allows a person to be represented by an attorney or other representative at the person’s expense.
Can I lose my DMV hearing even if I am not convicted of DUI?
Yes. The DMV proceeding and criminal DUI case are separate proceedings and address different legal questions.
Why the Burden of Proof Matters
The burden of proof determines what the DMV must establish before an administrative suspension or revocation can be sustained.
In an APS hearing, the central question is not simply whether a DUI arrest occurred. The issue is whether the DMV has established the specific statutory facts required for the administrative action by a preponderance of the evidence.
If you have received an APS suspension notice, pay close attention to the hearing deadline and review the evidence supporting the DMV’s action. Because these proceedings can involve fact-specific legal issues, consulting an attorney may help you understand the options available in your particular case.
Contact Southwest Legal
If you have received a California DMV suspension notice or are preparing for an APS hearing, Southwest Legal can help you understand the administrative process, the issues identified in your notice, and the evidence involved in your case.
Contact us today for a free consultation to discuss your DMV hearing and learn more about the legal process that may apply to your situation.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship unless and until the firm and client enter into an agreement for legal services. Laws may change, and legal outcomes depend on the specific facts of each case. Consult a qualified attorney for advice regarding your situation.