If you have recently been arrested for DUI, and it is important that you know all the possible defenses that are available for your case. Our office will discuss your case with you and review all these possible defenses. We will answer all your questions regarding the case.
REGARDING THE STOP
- Did the police pull you over for no reason?
- Did the police tell you a reason, but issue you a citation for a different reason?
- Was your vehicle parked when the police first came in contact with you?
- Did you pull over as soon as you became aware you were being stopped?
- Were you stopped by the police at a DUI checkpoint?
- Were you outside the vehicle when the police arrived (accident cases only)?
REGARDING THE FIELD SOBRIETY TESTS
- Did the police officer fail to inform you that the field sobriety tests are voluntary?
- Did nervousness or exhaustion affect your performance on the field sobriety tests?
- Did you have any physical problems, which would affect your performance on the field sobriety tests?
- After you were placed under arrest, did the police read you your Miranda Warnings?
- Were the field sobriety tests performed close to or on the roadway?
- Did the officer administer the tests on a surface which was not well lit, clean and flat?
REGARDING THE BREATH TEST
- Did the police "persuade" you into taking the breath test?
- Did the police tell you to "keep blowing" during the breath test?
- Did the police need several breathalyzer attempts to get a final reading?
- Were you wearing removable dentures during the breath test?
- Did you consume your last alcoholic drink within one hour of taking the breath test?
- Is there a variation in the breath readings?
REGARDING THE LICENSE SUSPENSION
- Did the police have probable cause to arrest you?
- Did the police read the Implied Consent Warnings to you?
- Did you understand these rights?
- Was the breath machine properly inspected?
In addition to the DUI arrest,
your driver’s license was suspended. A formal review hearing with the Department of Highway Safety and Motor Vehicles (DHSMV) must be filed within ten (10) days of your arrest or your license will continue to be suspended without review. The DHSMV only allows ten days to file for this review, so you must act quickly to have your suspension reviewed.
Once the formal review hearing is requested, the DHSMV will conduct a hearing to determine whether your rights were violated and whether the suspension should be lifted and your license returned to you. If you provided a breath sample and blew a .08 or higher then your license was suspended for six months. If you refused to provide a breath, blood or urine test then your license was suspended for twelve months, if this is your second refusal than your license was suspended for eighteen months. Time is of the essence so call today.
