Where DMV DUI Hearing Evidence Starts
The DMV decides its case largely on paper. DMV DUI hearing evidence usually begins with the officer’s sworn report, the suspension notice and any test results. The driver can also present evidence and challenge what the DMV relies on.
So the first job is to get a copy of what the DMV has. Then the driver can decide what to add.
The Officer’s Sworn Report
Vehicle Code section 13380 requires the officer to send the DMV a sworn report. It includes identifying information, the officer’s grounds for believing a violation occurred and the test results or refusal facts. It also includes a copy of any notice to appear.
That report is often the core of the DMV’s case. Reading it closely shows what the DMV will rely on.
Test Results and Lab Records
Breath results usually appear on a printout attached to the report. Blood results come from a lab. Under Vehicle Code section 23612, the lab sends blood or urine results to the DMV within 15 calendar days of the arrest.
Vehicle Code section 23158 also says full information about a test taken at an officer’s direction must be available to the person or the person’s lawyer on request. So a request for test records has a legal basis.
DMV DUI Hearing Evidence the Driver Can Add
Vehicle Code section 13558 says evidence at the hearing is not limited to what the DMV saw at its automatic review. That opens the door to new material.
- Witness statements about driving and timing
- Receipts showing when drinking stopped
- Video from a dashcam or business
- Medical records relevant to testing
- An expert opinion on the test
The article on DUI evidence preservation explains how to keep those items in good shape.
Timing for DMV DUI Hearing Evidence
DMV DUI hearing evidence must be ready before the hearing date. That can come well before the criminal case reaches discovery. So requests should go out early.
A lawyer can request records from the DMV and from the agency. The guide on DMV DUI hearing process steps explains how the hearing itself runs.
Focus on the Issues
The DMV hearing covers only a few questions. For a test case, those include reasonable cause, a lawful arrest or detention and the alcohol level. Evidence that does not touch those issues may not help much.
So aim DMV DUI hearing evidence at each listed issue. The article on California APS suspension rules lists those grounds.