If you have been arrested for a DWI, DUI, or a BUI then you are probably wondering what happens next. Well, your license has been suspended and there will be a driver control hearing that you can request within 7 days after the arrest. It is not really a hearing per se, but more of a Driver Control Hearing Officer that will tell you how long your license suspension is going to take place and inform you that you need an interlock device in your vehicle. This is in addition to the possible fines, court costs, mandatory classes, community service, and possible jail time that you are facing as a result of such charge. But, in order to mitigate these possible punishments and fight the charges a number of steps need to be taken.
First, preserving any electronic evidence is crucial. There was likely Patrol Car Video or Body Cam footage taken during the stop and arrest. There was also video from either the department or the detention center where you were proceesed that needs to be preserved. Getting these videos could be key in any defense. Second, determing what field sobriety was done at the time of the arrest is crucial. A good defense can show that the Trooper or Officer failed to follow their training or that there were issues with the Field Sobriety that Judge or Jury should hear. Additionally, the breathalyzer should be properly maintained by the Law Enforcement Department and there are certain standards they must follow to ensure that the breathalyzer is functioning propertly. Not following proper maintaince guidelines or recertifying the machine can mean that the results of your test can possibly be thrown out prior to trial or at trial. These are just a few issues that a good defense attorney will take into consideration. As a former Deputy Prosecuting Attorney, I handle hundreds, if not thousands, of DWIs, DUIs, and BUIs. I have seen all of the issues that need to be analyzed prior to trial and know how to best present a defense for the charges.