Driver Forced Himself to Vomit to Avoid Breathalyzer; License Suspended for Dui
Officers initiated a traffic stop on a Driver who ran a red light. The Driver hit the curb before coming to a complete stop. The Driver exhibited signs of intoxication and admitted to drinking a “few” beers. The Officer arrested the Driver on suspicions of DUI. The Driver agreed to submit to a breathalyzer test but passed out before it was administered. Then the Driver made himself vomit, which forced the officer to start the test over every 20 minutes. The DHSMV suspended the Driver’s license after his arrest for DUI (Driving Under the Influence).
Formal Administrative Review Hearings
If you have been charged with a DUI, one of the penalties you will face is having your license suspended. This can be for a long period of time, however, you have the right to request a formal administrative hearing review within 10 days of being arrested to avoid this outcome. Requesting this hearing will allow a judge to determine if your license will be suspended for the full amount of time. If the request of administrative suspension is invalidated, it will be removed from your record.
There are many benefits to requesting this formal review hearing, including the following:
A hearing will give the defendant a chance to obtain a 42-day hardship license (BPO license) which will allow you to drive while you fight your administrative suspension.
If the arresting officer fails to attend the hearing, the defendant will automatically win the case. The same happens if the breath test operator fails to show up. If the arresting officer does show up, your attorney can convince him or her to sign an order to set aside the suspension of your driving records.
You can receive an extension on your BPO license if a witness fails to show up at the hearing. Your attorney will then need to work on subpoenaing the witness.
If there is not enough evidence to support the case, you could win the case.
The arresting officer, should he show up, will have to remain consistent at your DUI hearing. This will allow your lawyer to exploit any inconsistencies in your case.
If you do lose your formal administrative hearing, your attorney will still have access to important documents that could help your DUI cases. He or she will still be able to subpoena any witnesses at your hearing.
Musca Law Firm
Hiring an experienced attorney is crucial to your DUI case. There are many complex issues that only an experienced attorney knows how to successfully navigate. Please contact Musca Law Firm today to help you win your Formal Administrative Review Hearing. Once we have succeeded at this, we can work on your DUI case. Don’t hesitate to contact us today at (888) 484-5057 to speak with one of our experienced attorneys for a free, no-obligation initial consultation.
RESULT: The Musca Law Defense Attorney requested a formal administrative review hearing and challenged the suspension of the client’s license. The Defense questioned the evidence against the Client and prevailed. Thanks to the Attorney, the Court ruled that the Officer lacked probable cause and REINSTATED the Client’s license!