PostDelicious

You’ve probably never been in trouble before, save a couple of speeding tickets here and there. And you have no idea how you got into the predicament you’re in now. All you know is you had a couple of glasses of wine with dinner and headed home. One forgotten blinker later the cops were pulling you over and arresting you for DUI. And now the Department of Licensing wants to suspend your license for 90 days.

But, you’ve done the right thing. You’ve hired a DUI attorney to help you through the entire process, which includes fighting to keep your license. But the hearing is coming up and you aren’t sure what exactly is going to happen. Well, I’m glad you’re here, because I’m going to tell you a little bit about it.

Don't Drink And Drive

First, the standard of proof at the hearing is much lower than at a trial. Absent a genuine issue of fact that arises, the suspension is upheld. It’s a pretty tough burden to meet. You must basically raise an issue that makes the breath test inadmissible as evidence. And there are four primary ways to do that, which brings us to part two.

You can challenge the suspension on four grounds: no probable cause to stop; no probable cause to arrest for DUI; improper explanation of implied consent rights; and improper administration of the breath test. Often these issues are pretty solid, and your DUI lawyer will have to scramble to come up with something to argue. But, this provides a golden opportunity to get the cop talking about the case on the record.

Third, you will most likely not be at the hearing. If you are there, the hearing officer may decide they want to hear what you have to say. And, most of the time you have to talk. In these cases, if there is anything important for you to say we present it in writing in the form of a declaration.

At the end of the questioning of the officer we make our arguments and conclude the hearing. The hearing officer makes their decision, usually in a couple of weeks, and that’s that.