Los Angeles DUI Expert Witnesses and the Administrative Hearing

Los Angeles DUI Attorney

Legal documentsWhen a driver is arrested on suspicion of driving under the influence, the officer making the arrest will seize the defendant’s driver’s license and will inform the driver that his or her driving privileges will be suspended 30 days later. The driver has ten days to request an administrative hearing with the DMV to challenge the suspension. If this request is not filed, the suspension will automatically go into effect.

When conducting the DMV hearing, expert testimony may be presented. The administrative per se (“APS”) hearing is conducted by a hearing officer from the DMV who is neither a judge nor a lawyer with a legal background. The hearing officer is responsible for introducing the evidence in support of the suspension and ultimately will decide whether or not the suspension is justified.

The defense is permitted to call witnesses and present evidence of its own during the APS hearing, which may be conducted in person at a Drivers Safety Branch Office of the DMV or over the telephone. In addition, the hearing officer may call witnesses of its own. The witnesses called may be percipient witnesses who actually witnessed the incident or expert witnesses used to testify regarding their area of expertise.

The DMV may call expert witnesses in certain situations. When dealing with a potential suspension, the DMV will presume that any test conducted within three hours of driving can be used to show the defendant’s BAC at the time of driving. This presumption can be rebutted by the defense. There may be situations where testing occurred after three hours had passed. In these situations, the hearing officer may call an expert from the Los Angeles County Crime Lab to testify regarding how retrograde extrapolation works and how it can be used to show the driver’s BAC at the time of driving. Often, these experts work closely with law enforcement and tend to present opinions that are not favorable to the driver.

The defense is also entitled to present expert witnesses. In many cases, presenting expert testimony can make the hearing officer question whether a suspension is appropriate. Many experts formerly worked with law enforcement agencies or for county crime labs and are extremely knowledgeable about the issues surrounding DUI testing.

When the driver has a BAC that is close to 0.08 percent, it may be advisable to have an expert testify at the APS hearing. The expert can testify regarding margins of error on testing devices and can examine calibration and maintenance records to see if a breath testing device was functioning properly when the driver tested. In addition, the expert can testify regarding a driver’s rising blood alcohol level. When a person consumes alcohol, there will be a period of absorption after drinking during which the driver’s blood alcohol concentration will rise. If the driver tests during the absorption stage, his or her BAC at the time of testing will be higher than at the time of driving. An expert may be able to show how a driver’s BAC was below 0.08 at the time of driving but tested higher due to a rising blood alcohol.

If you have been arrested for DUI and are concerned about a possible driver’s license suspension, it is crucial that you speak with a Los Angeles DUI Attorney as soon as possible. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Lawyer Michael Kraut works with the top experts in the field in order to make sure his clients receive the best defense possible in court and before the DMV.

For more information about Los Angeles DUI expert witnesses and the administrative hearing, and to schedule your free consultation, contact Michael Kraut at the Kraut Law Group located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.

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He gave me the peace of mind that my DUI case was going to be resolved. He fought for what it was needed and helped me by answering all my questions. Mike is not an average attorney. He’s a very experienced, honest and straightforward person that is there for you!
Eve Sal
I hired Attorney Mike Kraut and I'm am so happy and grateful that I did! I was arrested for a DUI because my BAC level was over the .08 limit. I ended up getting a wet and reckless instead of a DUI. I still have to do some classes and I'm on probation, but I do not have a DUI on my record. If you have a DUI hire Attorney Kraut, he definitely knows his stuff!
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There aren't enough positive words to write about Mike, but let me be clear that this is the only lawyer worth hiring in Los Angeles. Mike is professional, caring, and an absolute champion at winning in court.
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Mike Kraut is not a typical lawyer. He is a straightforward person with a true heart and a sympathetic ear. He is also smart and connected and he cares about the people who seek out his help. He got my son out of a jam. He did it quickly and painlessly. I recommend Mike Kraut to anyone that needs his services.
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Michael Kraut is a rock star lawyer. I was really happy and satisfied with the results I received from Michael and his team. A few months back I was being accused of a serious felony. Mike gave me sound legal advice and worked diligently to clear my name. Mike was great at always keeping me updated and returning calls. Great, great lawyer I cant say enough about this man!
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How can I express how relieved and pleased I am with Michael's professional abilities to have my Felony brought down to a misdameanor to a possible dismissal with deferment. With his care my life has been turned around and cannot say how helpful he's been not only in my case but life. He, himself has changed how I view criminal lawyers. Thank you so much Michael!