Government Code Section 11513, provides the following DMV APS Hearing Rights to a person, as well as the Department of Motor Vehicles, at an Administrative Per Se (APS) Hearing.
(a) Oral evidence shall be taken only on oath or affirmation.
(b) Each party shall have these rights: to call and examine witnesses, to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him or her to testify; and to rebut the evidence against him or her. If respondent does not testify in his or her own behalf he or she may be called and examined as if under cross-examination.
(c) The hearing need not be conducted according to technical rules relating to evidence and witnesses, except as hereinafter provided. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions.
(d) Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but over timely objection shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. An objection is timely if made before submission of the case or on reconsideration.
(e) The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized at the hearing.
(f) The presiding officer has discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time.
Essentially, what that says is, you have a right to Due Process of Law; however, that right faces a “relaxed” attitude with a DMV Hearing Officer because their standard of proof is lower than it is in Court, “[t]he hearing need not be conducted according to technical rules relating to evidence and witnesses…”, and “[h]earsay evidence may be used for the purpose of supplementing or explaining other evidence…”.
All of this, together, means that you have no real shot at winning your DMV case if you just intend to go in and tell your side of the story, and plead for sympathy. While testifying on your own behalf may help, it will simply not be enough on its own. A thorough investigation of the case must done, witnesses may need to be called to testify – such as the arresting officer, assisting officer, a lab tech, or even an expert witness. The law provides a licensed individual with certain APS hearing rights when being accused of DUI and their license is at stake. Take advantage of those rights and get representation. Give yourself the best chance at winning.
For this reason, it’s not only important to hire an attorney to represent you, but equally important to hire one well experienced in DUI defense in order to defend your APS hearing rights. Many defenses exist in a DUI case that someone who does not regularly handle DUI’s may not know, or even understand. It’s important you contact an experienced, San Bernardino DUI attorney to immediately begin investigation of your case.