Saving Your License
If you drive after losing your license, you will be arrested for a new criminal charge, your license can be suspended for additional time, and the fact you drove while your license was suspended may be admissible in your DWI case.
What can I do to save my license?
- Hire an experienced attorney.
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Request a hearing in a timely manner and request the officer's presence. Your license will automatically be suspended unless you request a hearing within 15 days of the breath test.
This hearing will give you a preview of a trial. It is critical to subpoena that the officer who conducted any field sobriety tests and the officer who pulled you over show up and justify their actions. Other officers may be subpoenaed. The breath test supervisor can be forced to show up and justify the results of any breath test. The license suspension hearing is extremely important in the defense of your case. Obtaining the sworn testimony of the arresting officers at an early stage can prevent the officers from "remembering" or making up additional facts during a trial.
The license suspension hearings are conducted under strict rules and you can win if D.P.S. does not follow the rules.
Testing errors in the administration of the breath test may save your license.
Investigate the legality of the stop. The officer must have had a reasonable suspicion that a crime or traffic infraction was being committed or other legal reason to stop you.
Investigate the legality of the arrest and request for a test. The officer must have developed a reasonable belief that you were impaired by alcohol.
Check the times of events. Officers must administer the breath test in compliance with State guidelines.
Driver's License Info
DEPARTMENT OF MOTOR VEHICLES LICENSE REVOCATION PROCEDURE
FIRST TIME DUI
If your fail a breath test |
(.08 & above)
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Your License will be Suspended for 90 days if a first alcohol related contact.
You lose a Commercial License for 1 year if not operating Commercial Vehicle.
If operating a Commercial Vehicle at the time of your arrest, permanently disqualified with BAT over .04.
If you refuse a breath test:
Your license will be suspended for 180 days.
If second alcohol related contact within 10 years:
License revocation for 1 year.
WITH THE POSSIBILITY OF HAVING YOUR LICENSE SUSPENDED, IT IS VERY IMPORTANT FOR YOU TO QUICKLY HIRE AN EXPERIENCED ATTORNEY. AS A FORMER PROSECUTOR, I HAVE THAT EXPERIENCE.
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