How to Win a DMV DUI Hearing
Posted on Oct 4, 2019 in DUI/DWI
If you were arrested for a DUI in Louisiana, your license was automatically suspended. The length of the suspension varies by a number of factors, such as your age, how high your blood alcohol content (BAC) was, and whether you have prior DUI arrests or convictions. An initial license suspension is not the end of the matter, however. After your arrest, you have 15 days to request a DMV DUI hearing with the Louisiana Office of Motor Vehicles (OMV) to contest your license suspension.
Below are three strategies to maximize your chances of winning a DMV hearing.
Choose a Lawyer with Experience
You do not have to hire an attorney to represent you in a DMV DUI hearing, but you can significantly increase your chances of getting your license reinstated if you do. An experienced DUI attorney has represented many clients at DMV DUI hearings in the past and knows not only the ins and outs of the hearing’s procedures, but strategies that can increase your chances of winning. While it may be more expensive to hire an attorney to go it alone, consider the costs of failure — longer suspensions, higher insurance rates, and greater fines.
Prepare Your Case
At your DMV DUI hearing, the hearing officer will review the arresting officer’s evidence against you, including the results of your field sobriety test and breathalyzer, as well as any evidence you and your attorney submit in your defense. It is thus beneficial to come prepared with mitigating evidence such as corroborating witness testimony, photos, or videos. Your lawyer can help you go over the events surrounding your arrest and identify key details that can guide your defense strategy.
Understand the Issues in Your Case
Every DMV DUI hearing is different because every DUI arrest is different. The issues that will come up in your case will depend upon the facts of your case. However, many DMV DUI hearings revolve around similar issues, and attorneys in these proceedings normally focus their efforts on refuting the arresting officer’s claims and evidence. Some issues that commonly come up in DMV DUI hearings include:
- Whether the officer had the necessary reasonable suspicion that you were driving under the influence of alcohol to pull you over
- Whether the officer can prove that you were actually driving the vehicle at the time of the arrest
- Whether you were informed of your Miranda rights
- Whether you voluntarily submitted to field sobriety and breathalyzer tests
- Whether the arresting officer used BAC testing equipment correctly
- Whether the results of the field sobriety and breathalyzer tests are accurate
Depending upon the facts of your case, your attorney likely will attempt to impeach the arresting officer’s evidence along one or more of the above lines of inquiry.
Increase Your Chances of Winning a DMV Hearing with the Help of a New Orleans DUI Lawyer
DMV DUI hearings can be intimidating for the uninitiated, and it is easy for those representing themselves to unintentionally harm their case. To maximize your chances of success in a DMV hearing, please contact a New Orleans DUI lawyer at Bloom Legal by using our online form or calling us at 504-599-9997.