What can I do to save my license?
- First and foremost, hire an experienced attorney. There are many
factors to consider.
- Request a DMV hearing and request the officer's presence
at the DMV hearing. It will give
you a preview of a trial, a rarity in criminal cases. The officer who
signed the affidavit and notice of hearing must show up and justify the
revocation. Other officers may be subpoenaed. If you surrender a valid license, you may drive until your hearing.
- Retest the blood sample.
Initial testing errors may save your license.
- Investigate the adequacy of the stop. The officer must have had a
reasonable suspicion that a crime or traffic infraction was being
- Investigate the adequacy of the arrest and request for a test. The
officer must have developed a reasonable belief that you were impaired
- Check the times of events. Officers must perform the tests within
- Check the labeling of the sample. It must be identified as being
- Attend the motor vehicle hearing. Listen for fabrications and other
- If your BAC is 0.17 or higher, you may be required to use an interlock for two years.
- If you took a test and if it is a first offense, you may qualify for a probationary license after 30 days. For
cases with date of offense on or after 01/01/09, you may obtain an interlock license after one month.
Your Rights in Court