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The administrative hearing for the DUI suspension is conducted somewhat like a trial, but without jury, with rules of evidence, and with a "dmv hearing officer" rather than a judge. This "dmv hearing officer" who is legally untrained and an employee of the DMV, acts as both prosecutor and judge. Object to your driving evidence - and then rule Testimony can be offered by both sides, although the hearing officer usually only produces hearsay documents, such as police reports, laboratory reports and the officer's sworn affidavit. No Fifth Amendment right at the hearing, the dmv attorney or dmv lawyer may or may not choose to have the client present since he can be called by the hearing officer as a witness and forced to testify against himself. A decision is not mailed for some days after the hearing. If the suspension is upheld, the decision can be appealed to the DMV in Sacramento.
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