Oakland, Walnut Creek DMV Hearing Defense Lawyer
At the Law Office of Mark Blair, I know that no one wants to lose his or her driving privileges. By working closely together, we will develop the most effective strategy for your Department of Motor Vehicles (DMV) hearing.
Please contact me today to schedule a free consultation about your DUI defense. I provide high quality representation to people in Oakland, Walnut Creek and the entire east San Francisco Bay area.
You must get the right hearing officer for your DMV license hearing
First and foremost, successful DMV hearings start with selecting the right hearing officer. An experienced DUI defense attorney should contact the DMV on your behalf and schedule the hearing. Why? Some DMV hearing officers are fairer than others and an experienced attorney knows who to request according to the circumstances of your case. If you schedule your own hearing, the DMV may assign a hearing officer that will treat you less fairly than you deserve.
In addition, the kind of hearing that you select may or may not lead to the most favorable outcome. Administrative per se hearings may be conducted in person, in front of an actual hearing officer at the DMV, or by telephone. Each forum has its advantages and disadvantages. It is important to discuss your overall strategy with your attorney to determine the type of hearing that will lead to the best outcome in your case.
Third, a thorough examination of the police report, field sobriety tests, and breath or blood tests may reveal inconsistencies and inaccuracies. Even simple errors such as entering the wrong time of day may significantly help your case.
DUI breath and blood tests
Finally, every chemical test has its own weaknesses that I can exploit as part of your defense. Each test has certain procedures that must be followed precisely for the results to be admissible against you. Breath tests are less reliable than blood tests and the machine itself is inherently subject to error. After your arrest, you probably performed two breath tests. The results of the tests must be within .02% of each other in order to serve as valid evidence against you. Also, breathalyzer machines must be regularly calibrated to ensure they are working correctly. In addition, the police must observe you for 15 minutes before administering a breath test to ensure that no foreign contamination has occurred.
Blood tests also must be properly taken in order to be admissible as evidence against you. The sample must be drawn by a qualified person and must include the proper ratio of preservatives to prevent decomposition of the blood. Otherwise, the alcohol level may actually increase, due to fermentation. The sample must be stored according to strict procedures and labeled in a specific way. Any violation of the test procedures may result in having your case at the DMV dismissed by the hearing officer.
Were you observed driving under the influence?
The DMV hearing officer will review the unique facts of each case. The hearing officer will look at questions regarding whether the police officer actually witnessed you driving the vehicle and whether the police report is accurate. I cannot emphasize enough how important it is for you to hire an experienced lawyer to investigate all of the small details that can lead to saving your license.
Contact attorney Mark Blair to discuss your case before you make mistakes that may cost you your license. I am here to help.
To learn more about DUI law in general, please visit my DUI Practice Center.