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 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.

Share |
Featured on CNN
ABC News
NBC News
Los Angeles Times
CBS News
The New York Times
Us Weekly
Entertainment Tonight
Good Morning America
Legal Broadcast Network
Avvo Rating 10.0
Client Reviews
Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs! Shaquan
I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad
Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida
Michael Kraut is an outstanding attorney. He was extremely professional, and straightforward, yet sensitive with my case. I am confident I made the right choice by hiring Michael. I highly recommend him to anyone seeking a truly experienced lawyer. Daniel
Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.