Rizio and Nelson California Law Blog

DUI Arrests: Placing the Burden in DMV Hearings

The DMV is required to bear the burden of proof in the Administrative Per Se (APS) hearing. The burden of proof states that there is more evidence balanced in favor of driving under the influence of alcohol. State law has mandated that the burden rests with the DMV to justify its order of driver’s license suspension. There are only 3 issues that are legally relevant during an APS hearing. The...

DUI Arrests: Forced Blood Testing

When a person has been lawfully arrested for a DUI, the implied consent laws dictate that a chemical test may be given in order to determine his or her blood alcohol content (BAC) and resulting level of intoxication. If a person refuses to submit to the chemical test, law enforcement may elect to take a “forced blood draw.” Law enforcement officers may physically grasp the suspect or threaten...