An arrest for DUI can happen to anyone. A DUI arrest/conviction can cause a ripple effect of unintended consequences throughout your life, damaging your reputation, your bank account, employment opportunities, and even your ability to drive.
The most important thing you can do after a DUI arrest is to ACT QUICKLY! If upon arrest you refuse to submit to a breath, blood, or urine test, or you submit to the test and produce an unlawful result your driver’s license is automatically and immediately suspended. From this point, you have 10 days to file for an administrative hearing to challenge your suspension, or accept the suspension and receive an immediate hardship permit only if you meet certain requirements.
Administrative Hearings Locations
How Can You Fight Your DUI Charges?
Illegal Stop/Search – Evidence collected in violation of your constitutional rights, specifically the Fourth Amendment cannot be used against you. In the case of a traffic stop law enforcement officers must have a justifiable reason for the stop, and additionally, must have a reason to ask you to submit to drug or alcohol test.
Improper Test Administration
Officers must be properly trained and certified to administer the test. The test results must meet strict requirements to be admissible in court. The Intoxilyzer machine must be properly maintained by officers with the proper training and certifications.
Improper Handling of Evidence
Was your sample collected properly? Who collected it? Where was it maintained? What is the performance record of the person conducting the test on your sample?
Field Sobriety Test
Who can recite the alphabet backward even when not impaired by drugs or alcohol? Injuries or medical conditions can hinder your ability to perform field sobriety test. Some medical conditions can even impact the results of a breath test.