How a Orange County DUI Lawyer can help you with California Department of Motor Vehicles Hearing Issues

At the Administrative Per Se or DMV hearing, there are three things a DMV hearing officer must prove to suspend your license:

1. Did the peace officer have reasonable cause to believe you were driving a motor vehicle while under the influence of alcohol?
2. Were you lawfully arrested?
3. Were you driving a motor vehicle when you had .08% or more, by weight, of alcohol in your blood?

A Preponderance of the Evidence is the standard of proof, or hurdle the DMV must get over in order to suspend your license.  It is the lowest or easiest standard to overcome that exists in law.  Preponderance of the Evidence roughly means, more likely than not.  The DMV merely looks at the police reports and if the bare minimum exists to answer the three questions above “yes”, they can suspend.  That is all a Preponderance of the Evidence requires to allow the DMV to suspend.

This is contrasts greatly from the criminal court case.  In order to be convicted of DUI, a jury must find you guilty of DUI beyond a reasonable doubt.  Beyond A Reasonable Doubt is the most difficult standard to prove.  Only after a thorough comparison and consideration of all the evidence, if in the minds of the jurors they cannot say they feel an ABIDING CONVICTION, TO A MORAL CERTAINTY, OF THE TRUTH OF THE CHARGE then they must find the defendant NOT GUILTY.

The Department of Motor Vehicles does not need much to take your driver’s license / privileges away.  A Preponderance of the Evidence or mere arrest reports and documents is all that is needed to take away your license.