If you are charged with operating under the influence, you’re going to face sanctions from both the court and the Department of Motor Vehicles. Actually, you’ll hear first from the motor vehicle department typically telling you that as a result of failing a chemical test, your license is going to be suspended for a period of time. That suspension takes place approximately 30 days after the date of your arrest.
You do have the right to request a hearing to contest this suspension, however it’s an abbreviated hearing and the issues are very limited. The success rate in people challenging a motor vehicle department suspension are not great and this is why it is important to consult with an attorney such as ourselves. We’ve been doing this for about 40 years and we know the “ins”, we know the “outs”. We know what to look for and in most instances, it’s a technicality – crossing the t’s, dotting the i’s.
When you go to court, you’re facing a whole different scenario. At that point, the court is going to ask “Is this your first offense?” – meaning first arrest. “Do you have a prior conviction?” – If so, how many? The consequences vary great depending on whether this is your first arrest, second arrest or otherwise. You’re facing the possibilities of a diversionary program which is the best scenario, or the likelihood of incarceration so the options are numerous. With a skilled attorney, one who knows what to look for, knows what the weaknesses of the states case are, knows what exceptions to the rules exist, and knows what technicalities can be utilized for your benefit, you stand the best chance of making it through the process with the least pain.