
A DUI arrest is actually two individual cases in the form of one driving under the influence charge. The first is the criminal case, and the second and less familiar, is the Department of Motor Vehicle Administrative Per Se suspension/revocation. The criminal charges are governed by criminal law while the Department of Motor Vehicles administration per se suspension/revocation are governed by administrative and civil law.
First, with respect to the criminal charges, there are serious constitutional implications that are present in every DUI case. For example, the stop of your vehicle may have been illegal or perhaps the officer failed to read your Miranda Rights during questioning, and in some instances, an officer may illegally deny you the right to take a alcohol test of your choice. Comprehending the subtle nuances of a police report and analyzing the weakness from a Fourth or Fifth Amendment perspective becomes one of the most critical factors that must be addressed during your defense. This is where we believe our greatest strength lies, in the dissecting details of the officers ill prepared report.
Second, the Department of Motor Vehicles will automatically suspend your license following your arrest. You have (10) ten days from the day of your arrest to request a Department of Motor Vehicles hearing to challenge the suspension of your license. If this narrow window closes before requesting a hearing, the right to test the revocation has been waived. In our experience, many clients have professions that require a license and a license revocation will result in employment termination. After a hearing is timely requested, our staff can test the legality and sufficiency of the evidence at a level lower than in the courtroom. Remember, your level of burden of proof required at a DMV hearing may allow you to retain your license even if the outcome of your criminal is not favorable.
A drunk driving arrest requires immediate attention. Our driving under the influence/drunk driving defense attorneys knows how to challenge the police report, neutralize the arresting officer's testimony as well as attack the testimony of the state's experts in connection with blood, breath or urine testing.
Contact us immediately so that we may discuss the matter with you and provide you with an honest and realistic assessment of your case, any defenses and whether, in your particular case, if the expense of an attorney is actually justified.
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