Administrative License Suspension Defenses

Defenses to Administrative License Suspension

Hearing not held in 30 days
No reasonable, articulable suspicion to justify stop
No probable cause for DUI arrest
Implied consent warnings not given at time of arrest
Insufficient or defective implied consent warnings were given
No actual refusal of chemical tests
Refusal was withdrawn
Requests for independent tests not reasonably accommodated
Testing device was not shown to be in “working order”
Individual conducting the test did not possess a valid permit
In blood tests, the officer cannot show that the person taking the blood was qualified
Double jeopardy exists because ALS license reinstatement is excessive; thus, it for punishes defendant twice for the same offense.

Unilateral withdrawal. The police officer may withdraw the administrative suspension without obligating you to plead guilty to DUI later on.
Joint withdrawal. The police officer may withdraw the suspension, but obligate you to plead guilty to DUI. If you change your mind later the officer can reinitiate suspension. This may be an option when your right to drive outweighs the consequences of a DUI conviction. Especially in refusal cases. I address this with you early. Think twice if you have a test case and want to do this.
Officer doesn’t come. The police officer may not come to the hearing. If so, I move the court to dismiss the suspension.