What should you do immediately following a DUI arrest? What about your driver license?If you blow .08 or higher on the breath machine, your driver license will be suspended immediately for a period of 6 months. And if you refuse to provide a breath, urine, and/or blood test your driver license will be suspended immediately for a period of 12 months for a first refusal and 18 months for a second or subsequent refusal. If you are arrested for DUI and the police take your driver license, you have only 10 days to make a written request for a DMV formal review hearing. This is extremely important to keep in mind because the DMV formal review hearing is an opportunity to get your driver license back as if it were never suspended in the first place. However, you only get your license back if you win your formal review hearing. Here at Pensky & Kim, our experienced DUI attorneys have handled hundreds of DMV hearings. Having an experienced DUI attorney in your corner can make all the difference and will give you the best possible chance of winning your DMV formal review hearing and getting your driver license back. But remember, time is of the essence and you must act quickly to protect your legal rights.
What defenses are available?DUI defense is a specialized area of criminal law. For this reason, it is extremely important to hire a law firm with extensive DUI experience… not just criminal defense experience. Over the years, our DUI lawyers have handled thousands of DUI cases and therefore know of many ways to attack them. To begin, we conduct a thorough investigation of every DUI case to look for a number of possible legal issues and defenses. The following are some things to consider:
- Did the police have probable cause to stop you?
- Does the accident report privilege apply?
- Did the police conduct the field sobriety tests according to State standards?
- Did the police conduct the breath, urine, and/or blood tests according to State standards?
- Were you properly advised of the consequences of refusing a breath, urine, and/or blood test?
- Did the police advise you of your Miranda rights?
- Was the breath machine in compliance with State regulations?