Q: I got a DUI & I won my DMV hearing and suspension was set aside. What are the chances of winning my case in court

A: It's a good sign for sure but it's hard to answer that without seeing the police reports. Ask your attorney. If you don't have one, get one asap!

A: Congratulations, setting aside the DMV License Suspension is rare.

Regarding the DUI Court Case, the legal standard is quite different. It will depend on the Alcohol BAC Level, below or above .08, and other specific facts, including the operation of the motor vehicle while under the Influence, as well as the DUI investigation by the Arresting Officer.

Best course of action would be to hire the best DUI Defense Attorney you can afford that practices DUI Defense regularly in the court where your case is filed.

Wishing you the best outcome in your DUI Court Case.

A: I understand you are seeking information about your chances of winning your DUI case in court after successfully winning your DMV hearing in California. While it's encouraging that you won your DMV hearing and had the suspension set aside, it's important to note that the DMV hearing and the criminal court case are two separate proceedings with different standards of proof.

In a DMV hearing, the burden of proof is on the DMV to prove by a preponderance of the evidence that the arrest was lawful and the driver was driving under the influence. In a criminal court case, the prosecution must prove beyond a reasonable doubt that the defendant was driving under the influence.

The chances of winning your case in court depend on various factors, such as:

1. The strength of the evidence against you (e.g., blood alcohol content, field sobriety tests, witness testimonies)

2. The circumstances of your arrest and whether proper procedures were followed

3. The effectiveness of your defense strategy and the skills of your attorney

4. The specific facts of your case and any mitigating factors

While winning the DMV hearing is a positive step, it doesn't guarantee a win in the criminal case. It's essential to consult with an experienced DUI attorney who can evaluate your case, advise you on your best course of action, and represent you in court.

Remember, every case is unique, and the outcome will depend on your specific circumstances. Your attorney can provide you with a more accurate assessment of your chances of success based on the details of your case.