YOU MUST REQUEST A HEARING WITH THE DPS WITHIN FIFTEEN (15) DAYS OF THE ARREST!! If you do not, the license WILL be revoked!
- First and foremost, hire an experienced attorney. There are many factors to consider.
- Request a hearing and request the officer's presence. It will give you a preview of a trial, a rarity in criminal cases, particularly in misdemeanors!. The officer who signed the affidavit and notice of hearing must show up and justify the revocation. Other officers may be subpoenaed.
- Retest the sample, if possible. Testing errors may save your license.
- Investigate the adequacy of the stop. The officer must have had a reasonable suspicion that a crime or traffic infraction was being committed.
- Investigate the adequacy of the arrest and request for a test. The officer must have developed a reasonable belief that you were impaired by alcohol.
- Check the times of events. Officers must perform the tests within certain guidelines.
- Check the labeling of the sample. It must be identified as being yours.
- Attend the motor vehicle hearing. Listen for fabrications and other errors.