There are different things that can be done that hurts someone’s case. There are things that can be done out in the field when someone is stopped for allegedly driving under the influence that can hurt a case, and then there are things that can hurt your case that can be done when trying to conduct the DMV hearing without an attorney.
The first situation is when you’re out in the field answering the police officer’s questions. It is better to avoid agreeing to do additional testing that turns out to be negative or harmful. This is an action that happens out in the field that can hurt your DMV case.
What to Avoid during the DMV Hearing
When you get to do the DMV hearing, there are things that people say and do which can hurt their chances at prevailing at the hearing. They can make admissions as far as what was going on. They can say, “Yes, I was drinking, but I wasn’t drunk.”
They can say that they had something to drink earlier or try to explain to the Hearing Officer why they had something to drink. Or, they can try to explain why they need their license to drive instead of focusing on the issues that the Hearing Officer needs to address.
What Can You Do to Help Your Chances of Prevailing at the DMV Hearing?
The way that the Department of Motor Vehicles analyzes cases is very bureaucratic and very black and white. The DMV doesn’t care whether a case is 0.08 and right there on the border or if it’s a 0.28, which would be a very high alcohol level.
They’re going to treat the numbers the same way and you can win a DMV hearing or lose a DMV hearing regardless of it being a low-blood alcohol level of 0.08 or a high-blood alcohol level like 0.28.
An Experienced Attorney Has the Knowledge and Tools to Refute the Officer’s Claim of Reasonable Suspicion
A quality DUI attorney knows that the officer must have had reasonable suspicions before the driver was asked to submit to a blood or breath test. The arrest itself must have been made lawfully. It is also important for the DMV to know if the chemical test was administered correctly within three hours of the time of driving. These are all issues that the DMV Hearing Officer must consider in the DMV case.
By Analyzing the DMV Paperwork, It Is Possible to Discover Defenses to Refute the Allegations
A very detailed analysis of the paperwork needs to be done. In most cases the DMV attempts to suspend the license and they attempt to do this based on paperwork alone. Whether or not the paperwork is complete and correct, accurate and reliable becomes a very big issue.
Some of the defenses to a DMV hearing can be found in the paperwork itself. Was the paperwork signed under penalty of perjury? Was it filled out at or near the time of the event? Was it complete and does it have the right date, time of the stop, time of driving, time of field sobriety test, time of arrest? Was the narrative or probable cause declaration complete? Did it have significant detail to justify the arrest? Discrepancies and inconsistencies in the paperwork can make a major difference in a case.
The Attorney Carefully Examines the Time Frame: Was the Chemical Test Administered within Three Hours of the Time of Driving?
Going through the issues, the attorney will examine the evidence to see if the officer had reasonable suspicion that the respondent or the person charged was driving under the influence. The attorney will want to know if the client was lawfully arrested. Special attention will be given to the administration of a chemical test, be it a test of breath or blood. That chemical test should have been completed within three hours of the time of driving if one had been submitted by the driver.
Within three hours of the time of driving is an important reference. They need to establish the time of driving, which can become a big problem if paperwork isn’t completed correctly or if there was an accident or if the officer didn’t personally observe driving.
It Is Possible to Seal or Expunge a DMV Record?
Once the Department of Motor Vehicles takes action against the license, it is nearly impossible to get that completely removed from the records. You may be able to get a license re-issued restricted sooner. You may be able to get the suspension lifted but the record itself will show that there was a suspension and there was action taken. There’s no real way to get that removed from a DMV record.
The DMV record remains and potential employers can see it for years to come. That’s why it’s so important that we do everything we can to avoid an administrative action against somebody.
Personal Attention
