When you get arrested for DUI, the State begins TWO cases against you. One is a criminal case in the courts; the other is an administrative action by the DMV.
- Each can result in a license suspension.
- Each have different methods of defense.
- The criminal case and DMV administrative action are independent of each other. One action can happen without the other.
How to defend a drivers license from the DMV after you’ve been arrested for a DUI:
- Schedule a DMV hearing – You only have 10 days after your arrest (including weekends & holidays) to schedule a hearing and defend your license.
- Hire an attorney to examine arrest records for irregularities and/or procedural errors that can result in you WINNING YOUR DMV CASE!
- Did the officer violate your constitutional rights when he stopped you?
- Did your lab results get handled with proper procedure?
- Does the evidence indicate a possible “rising blood alcohol” defense?
- If the DMV suspends your license, you still have options!
- Challenge the decision of the DMV in the Superior Court – The judge can overrule the DMV’s decision.
- Drive to, from, & during work with a restricted license.
How to defend a drivers license from the Courts after you’ve been arrested for a DUI:
- The best way to avoid this additional suspension is to hire a DUI attorney.
- An experienced DUI attorney will:
- Make all court appearances on your behalf.
- Examine your arrest report and evidence for errors made by police and/or lab technicians.
- Explore all possible defenses, such as:
- You were not driving.
- You were not impaired at the time of driving
- You BAC was under the legal limit at the time of driving
- You were stopped in violation of your constitutional rights
- Your arrest was unlawful