In California the law requires that a drivers license be suspended for up to three years if a person is arrested for DUI and completes a chemical test that is above the legal limit or refuses to complete a test upon the request of a police officer. The DMV requires that a person request a formal hearing to challenge the requisite suspension and prove that the Department’s evidence is insufficient to justify the action. Statewide the success rate in winning a DMV hearing is very low. However, experienced lawyers often prevail much more frequently.
Below is a recent case where Matthew won the hearing on a zero tolerance DUI probation case because of an evidentiary issue he uncovered in the State’s paperwork.