Monday, December 3, 2012

Orange County DUI: Court Proceedings v. DMV Hearing

Law Offices of EJ Stopyro
Orange County DUI Lawyer
DUI Attorneys in Orange County

If you are stopped and arrested for drunk driving in Orange County, then you face possible consequences from both the Orange County court AND the DMV. If the results of your evidentiary breath test or blood test come back below a 0.08%, the DMV will NOT impose an APS suspension against you. In this case, if you can resolve your court charges with something other than a DUI, such as a wet reckless, dry reckless, exhibition of speed, or a dismissal, then you will avoid a suspension altogether. If your BAC is 0.08 or higher, then you face a battle on two fronts.

The court proceedings are to determine whether you can be found GUILTY of the crime of DUI and punished with jail, fines and an alcohol program. The DMV hearing is a civil proceeding to determine whether the DMV has grounds to suspend your license. For the most part, the proceedings are separate and have no bearing on each other. DUI lawyers know all too well that it is possible to win in one proceeding and lose in the other. The one exception is that a NOT GUILTY verdict in a DUI trial also requires the DMV to set aside the suspension and give you your license back.

In the court proceedings, the District Attorney (DA) must prove their DUI case beyond a reasonable doubt in order to convict you of a DUI. At the DMV hearing the evidentiary standard is much lower—the DMV need only prove its case against you by a preponderance of the evidence. In court, twelve independent civilians (jurors) must ALL agree that the DA has proved their case beyond a reasonable doubt. At the DMV hearing, a DMV employee sits as BOTH judge and as prosecutor. There is NO jury: the DMV employee gets to decide if he or she has proved their case by a preponderance of the evidence.

Moreover, the rules of evidence are very “relaxed” in a DMVhearing. Where in a criminal trial the defendant has the right to personally confront witnesses against them, no such right exists in a DMV hearing and hearsay that would be inadmissible in a courtroom is routinely allowed as evidence in a DMV hearing. These lopsided rules make it important to have a skilled Orange County DUI attorney represent you at the DMV hearing. Even for a veteran DUI lawyer these hearings are difficult to win.

If you have been arrested for a DUI it is important that you contact an Orange County DUI defense lawyer as soon as possible. For more information call the Law Offices of EJ Stopyro at (949) 559-5500. You can speak to an experienced Orange County DUI lawyer today. The consultation is free and confidential. Or visit our website at www.EJEsquire.com. For more information on the difference between the DMV hearing and the court proceedings click HERE.

Law Offices of EJ Stopyro
DUI Lawyers in Orange County
Orange County DUI Attorney

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