The Consequences of a Conviction for DUI Are More Severe with the Court Case
The major difference between the court case and the Department of Motor Vehicles case is that the court case can have different or more severe consequences for the accused. In the court of law, you’re looking at not only fines, fees, but also probation and the possibility of jail time even on a first time DUI.
The Rules of Evidence Differ between the Two Cases
With the Department of Motor Vehicles case, they don’t have the power to send anybody to jail. Their power is restricted to taking someone’s driving privilege away from them and setting up certain requirements for them to get the license back which can include paying fees, taking classes and having special forms of insurance.
It’s also a big difference with the Department of Motor Vehicles that the standard which the evidence needs to meet is very different from that in a court case.
In the Court Case, the Prosecution Must Prove the Case beyond Any Reasonable Doubt
In court, the prosecution has to prove everything that they’re trying to prove – every element of the offense – beyond a reasonable doubt or beyond all reasonable doubts. It’s a very high standard and it can be very difficult for a prosecutor in the DUI case to meet that burden and prove beyond all reasonable doubt that someone did what they’re being charged with.
At the DMV, All That Needs to Be Established Is Reasonable Suspicion and the Case Primarily Consists of Paperwork
With the Department of Motor Vehicles, the standard is not beyond a reasonable doubt. It’s an administrative hearing and the standard is much lower. It’s just a preponderance of the evidence so it can be much easier at a DMV hearing for them to prove that someone was driving and their alcohol level was over the legal limit when they were driving.
With the Department of Motor Vehicles, usually the cases are handled with no witnesses being called. The case is not being argued and it is primarily submitted just on the paperwork alone.
The Department of Motor Vehicles case usually consists of five or six different documents. Those documents are signed under penalty of perjury where the officers have sworn to tell the truth, the whole truth and nothing but the truth. That is one of the key documents that the Department of Motor Vehicles relies on.
With that document, if it’s filled out correctly and completely, the department will try to suspend the license based on that.
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