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-I'm here with the top Las Vegas DUI defense
lawyer, Michael Becker.
And Mike, today I want to talk to you
about DMV hearings and Nevada DUI cases.
So when somebody gets arrested here in Nevada for a DUI,
it really opens up two cases.
Right?
There's a court case about the DUI,
whether they'll be convicted of the misdemeanor charge.
And then there's a DMV hearing.
Now tell us about the DMV hearing.
What is that for?
-The purpose of the DMV hearing is to determine whether or not
the DMV is going to suspend your driver's license.
And it's really important, if you get a piece of paper
when you're arrested, you will have seven days
to request a DMV hearing.
If you don't request the hearing within seven days,
you don't get one, and your license will be suspended.
-If you took a breath test.
-If you took a breath test.
-Now it's different though, if you took a blood test.
-That's correct.
If you take a blood test, it can take several months
for the blood work to come back.
And then you'll get something in the mail
from the DMV informing you that your blood test results came
back, that you were above the legal limit.
And then at that point in time, you
need to request your DMV hearing.
-So ultimately, if the blood or breath test comes back
0.08 or higher, then you're going
to have the opportunity to have a hearing.
Right?
And that's to decide if they're going to suspend your license.
-That's correct.
And the DMV hearing is kind of like a mini-trial
before an administrative law judge, which
is somebody at the DMV that conducts these hearings.
In Nevada, the witnesses are required to appear and testify
at the DMV hearing.
-And when you say the witnesses, you
mean mainly the police officer that did the arrest.
Right?
-Usually it's just the police officer.
If the police officer did not observe the driving,
they may also call in civilians who witnessed the driving.
But if the witnesses don't show up,
then the suspension is not upheld,
and the license is reinstated.
-Now if I have a DMV hearing in a Nevada DUI case,
if I have a DUI lawyer, is my lawyer going to handle it?
-Yes.
Typically speaking, the attorney appears
without the client at the DMV hearing,
because there's usually a criminal case
pending at the time.
We don't really want to subject our clients
to cross-examination at the DMV hearing.
So most often, our clients do not attend the DMV hearing.
However, it's certainly the right
of the client to attend the DMV hearing.
And sometimes, we might find that the testimony could
be helpful in trying to defeat the action brought on
by the department.
-Is it possible to win these hearings?
-It is.
The DMV hearings are typically more
difficult to beat than the court hearings,
because in the court hearings, you
have all the constitutional rights and safeguards
of the criminal justice system.
Because there's no jail time potential at a DMV hearing,
you don't have the same procedural safeguards in place.
And quite frankly, the DMV hearing officers
are not judges.
The standard of proof at a DMV hearing
is much lower than it would be in a criminal trial.
So it's more difficult to win the administrative hearings
at the DMV.
But certainly, it can be done.
And we've won plenty of DMV hearings.
-And saved people's driver's licenses.
-That's correct.
-And in terms of the DMV hearing,
is it just about trying to save the license?
Or from your perspective as a lawyer,
is there other value that you can get out of the hearing?
-There is additional value, especially
on cases where for example, it's a close case.
And it gives us an opportunity to cross-examine the police
officer at the DMV hearing.
It gives us an extra shot to evaluate
what the officer has to say, and how the officer is
likely to appear in court before a judge.
So it really helps us to evaluate the strength
or weakness of our case by having
this opportunity to cross-examine
the officer at the DMV hearing.
-And so, what you do at the DMV hearing
can often translate to better results in court.
-That's correct.
For example, if the officer comes to the DMV hearing
and doesn't remember the facts of the case,
is confusing one DUI with another DUI,
and just makes statements under oath at the hearing that
are totally inconsistent with what's in the police reports,
those are things that aren't going
to look very good before a judge if the case were
to go to trial, or before a jury, if it was a felony DUI.
So absolutely, one of your major missions in a DMV hearing
is trying to see if you can accomplish something that's
going to help you later on at trial.
-And the take-home message for someone charged with a DUI
is that having this DMV hearing is very valuable
your for your DUI lawyer.
One, because you might be able to save your license.
And two, it might get you a better result in court.
-And certainly, there's nothing to lose by it.
Nothing bad can come from it.
Only good things can come from it.
Even if the action of the department is sustained
and the license is suspended, we could still
walk away feeling that we've accomplished something
for our client that might be useful down the road
when it comes to litigating the case in the courtroom.
I'm attorney Michael Becker with the Las Vegas Defense Group.
And at the Las Vegas Defense Group,
we've assembled a team of attorneys
who are dedicated to fighting your DUI case
in order to achieve a reduction or a dismissal.
If you've been charged with a DUI in Las Vegas or anywhere
in the state of Nevada, call us at 702-DEFENSE.
Tell us your side of the story, and let's
see what we can do to help you.