If you requested a hearing to challenge your license suspension which resulted from your DUI arrest, you can expect an up-hill battle. Your likelihood of prevailing at the hearing, however, can be substantially increased with the help of an experienced lawyer.

First of all, be aware that the burden of proof in these hearings is by what is called a "preponderance of the evidence". This is a legal term which essentially means, tipping the scales, in the slightest favor, to the winner. The burden of proof in a criminal trial is far greater, that of "beyond a reasonable doubt". What this essentially means is that if the hearing officer believes the officer's version of events support the requirements of the statute, by even 50.01%, (as opposed to your version being 49.09% believable), they may uphold your suspension.

Second, the scope of the hearing is limited to the following issues: a.) whether the police officer had probable cause to believe that you were driving or in actual physical control of a vehicle while impaired by alcohol or drugs; b.) whether your breath test results were over .08%; or, c.) whether you refused to take the breath test after being requested to do so, and you were informed by the officer that refusing to take the test would result in your driver's license being suspended.

The hearing will take place in a conference room or office at the DHSMV's Administrative Review Office, and the parties present in front of the Hearing Officer will be you, the police officer (if you chose to subpoena him or her), any witnesses that you have disclosed to the DHSMV in your pre-hearing statement, and your attorney, if you hire one.

An experienced DUI lawyer can help spot issues that could mean the difference between winning and losing. Experience in questioning the officer and in making sure they have met their legal burden is essential, especially when keeping your license rests on the thread of a hearing officer's belief of the officer's version of events over yours.

Contact us for an honest evaluation of your chances of winning at the administrative hearing, and how we can help.