Evidence presented at the DMV hearing can be used in the superior court proceedings. If the prosecutor in the court matter learns of statements made by the driver at a DMV hearing, such information can be used against the driver.
Often, a qualified DUI attorney will subpoena the arresting officer to testify in the DMV hearing as to the basis for the detention or the arrest. Suppose the arresting officer testifies at a driver’s DMV hearing. In that case, the testimony of the officer at the DMV hearing can be used to impeach and further assess the arresting officer’s credibility in criminal court proceedings. The arresting officer’s statements can be used to undermine the officer’s testimony in the criminal proceedings.