If you are facing a DUI charge, the most important step is not to give up. The government has the burden to prove its case against you, and there is hope for a good resolution. This article will give you the 5 most important secrets to preparing your DUI defense.
1. Request an administrative hearing with the DMV regarding your Driver’s License within 10 days.
- What is this hearing? – You only have 10 days from the date of arrest to request a hearing at the DMV office. The formal name is Driver Safety Administrative Per Se “APS” Hearing.
- What happens if I do request it? – A DMV hearing officer (not a judge) presides over this hearing. This officer cannot fine you or send you jail. The sole issue is whether or not your driver’s license should be suspended.
- What happens if I don’t request it? – If you don’t request a hearing, the default is that your license will be suspended 30 days from your arrest.
2. Get an attorney that has experience in DUI cases.
- Attorneys are not “one size fits all.” There are many different areas in which attorneys specialize. They also greatly range in experience and competence.
- Look for an attorney who focuses on criminal law and who has experience.
- Find an attorney who regularly practices in the court where you will appear so that your lawyer will know the judge and the prosecutor well or at least have been in front of them before.
3. Use the DMV Hearing to Learn More about the Case Against You.
- Bring an attorney and gather information. You have the right to be represented by an attorney at the DMV hearing, and it provides a good opportunity for you and your attorney to find out information because you can do the following:
- Hear the evidence against you
- Subpoena witnesses (such as the arresting officer)
- Present testimony of witnesses (such as a passenger who was with you)
- Cross-examine witnesses
- Testify yourself.
4. Consider a Motion to Suppress Evidence
- A Motion to Suppress is basically a document that requests that the Judge disallow certain evidence against you on the basis that it was illegally obtained.
- This Motion could be challenging the reason for the traffic stop, the questioning conducted by a police officer, etc.
- A Motion to Suppress is very fact-specific based on your particular case, so be sure to consult with your attorney on whether this Motion would be effective in your case.
5. Consider a Plea Bargain.
- Although some Defendants relish their “day in court,” there are instances where a plea bargain may be a safer bet given the evidence against you.
- Like the Motion to Suppress, the decision on whether a plea bargain is right for you is very individual to your specific case. You will need to consult with your attorney, but keep your mind open to a plea bargain because sometimes the best defense is when your attorney negotiates an advantageous bargain for you.
