Winning Strategies at Your Orange County DUI DMV Hearing
If you have been arrested for an Orange County DUI, it will be difficult to save your license from being suspended by the DMV. While the odds against winning a DMV hearing are high, it is possible. For the best chances of success at your DMV hearing, you are encouraged to work with a skilled and knowledgeable Orange County DMV hearing lawyer to develop the best strategy to follow at your hearing.
Examination of reports
You and your lawyer should start with a thorough examination of the police report and chemical test report(s) which may reveal material inconsistencies, inaccuracies and/or defects. Such inconsistencies can be as simple as different dates and times of the same investigation, stop and/or arrest.
Examination of test procedures
Additionally, each chemical test has its own weaknesses that must be exploited. Each test must be administered by following certain procedures. If the proper procedures are not followed, the test results may be invalidated.
Breath tests. Breath tests are less reliable than blood tests because they are indirect measurements of alcohol in your blood. Lower lung breath alcohol must be converted into a blood alcohol reading. The machine itself is inherently subject to error. In addition, the machine must be properly maintained and serviced. It also must be periodically calibrated (checked against known samples of alcohol), so that it reads within the proper range. Lastly, you must be observed for 15 minutes by the officer before the breath test is administered. Such observation is needed to ensure that foreign contamination of your air sample (for example, belching of gas/alcohol from the stomach) does not cause an artificially high reading.
Blood tests. Similarly, blood samples must be properly taken. The sample must be drawn by a qualified person. Furthermore, the sample must be properly stored (cooled) to prevent decomposition. Lastly, it must be properly labeled, so that the chain of custody (transmission from the officer to the storage facility to the laboratory) is proper in order for the results to be admissible as evidence.
Examination of the facts
Lastly, the specific facts of each case must be reviewed. Is there evidence of “driving,” that is, did the officer actually observe the person operating the motor vehicle? Did the officer have a legally acceptable justification for stopping you? Once stopped, did the officer follow all the appropriate procedures in placing you under arrest?
Contact Orange County DMV Hearing Attorneys
The loss of your driving privileges can be devastating. If your California driver’s license was suspended because of an Orange County DUI, contact an experienced DMV hearing lawyer at Coffey and Coffey. To make an appointment for your free consultation, call (800) 706-7888 today.