While a DUI citation initiates a criminal proceeding against you, it also initiates an administrative proceeding against you in the DMV. However, a blood alcohol level below 0.08 will not result in this type of revocation.
If you chose and failed a breath test, or if you refused a chemical test, you have seven days from being ticketed to request a hearing regarding the suspension of your driving privileges. If you chose a blood test, you will need to wait until you receive a letter in the mail from the DMV to request your hearing. When you request your hearing, you will need to decide whether or not to request the officer’s presence. If you request the officer’s presence and he does not appear, then you will win your hearing. However, if you request his presence and he does appear, he will testify regarding the stop and his observations following the stop. Whether or not to request the presence of an officer is a decision you should make after consulting with an attorney. At your hearing, the hearing officer will give you or your attorney an opportunity to make legal arguments. What defenses are available to you will depend on the particular facts and circumstances of your case. However, some possible defenses include:
- No reasonable grounds for stop
- Grounds for stop evaporated prior to cop finding out anything incriminating
- No probable cause to require testing
- You were not the driver or were not in “actual physical control” of the vehicle
- Missing documents
- It cannot be established that chemical test was administered within 2 hours
- Scheduling errors
- Police misunderstanding the difference between Deficient Sample and invalid sample or invalid test
- Drinking after driving concluded
- Retest of enormous variance, even if higher
- Mouth Alcohol contamination
- Issues relating to noncompliance with board of health regulations.
If you have been charged with a DUI or DWAI and are looking for representation at your DMV hearing call Kimberly now at (720) 257-5346 for a FREE 45 min consultation.