Fight to save your license! If you drive after losing your license, you
may have to pay a $10,000.00 bond to get out of jail. You also will face a
minimum 30 days in jail as a sentence.
First and foremost, hire an experienced attorney. There are many
factors to consider.
Request a hearing and request the officer's presence. 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 subpoened. If you surrender a valid license, you may drive until your hearing.
Retest the sample. 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
committed.
Investigate the adequacy of the arrest and request for a test. The
officer must have developed a reasonable belief that you were impaired
by alcohol.
Check the times of events. Officers must perform the tests within
certain guidelines.
Check the labeling of the sample. It must be identified as being
yours.
Attend the motor vehicle hearing. Listen for fabrications and other
errors.
If your BAC is 0.17, 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 1/1/9, you may obtain an interlock license after one month.
Want to appeal your license loss, contact Cliff Hypsher.