A Big Ticket issue in California DMV hearings is whether the San Diego DUI police officer had probable cause to stop or detain the driver or the person arrested. Aggressive lawyers challenge this “PC” issue whenever possible.
A related issue is whether the San Diego drunk driving arresting officer had reasonable cause to believe the person arrested for DUI was under the influence. Vigorous attorneys challenge this issue less than the PC issue but still can challenge.
Both of these issues are discussed in the California DMV’s Administrative Per Se Hearing Driver Safety Manual (Chapter 12). The San Diego County DUI Law Center’s Rick Mueller wrote this recent Article containing the DMV Manual’s language relating to this issues.