Reader’s Question:

My immediate concern after my DUI arrest in Lafayette, Indiana would be my driver’s license. Do I stand a chance of winning at my DMV hearing if my blood alcohol test results were over .08%?

Whitney

Lafayette, IN

Yes, you certainly have a chance of winning your Department of Motor Vehicles (DMV) hearing even if your blood alcohol content (BAC) level was over .08%. BAC tests are not foolproof. That is why the discovery process of your DUI case in Lafayette, Indiana could uncover faulty equipment usage, improper testing methods, procedural errors, etc. that can be grounds for a reduction or better yet, dismissal of the DUI charges against you.

The burden of proof is on the law enforcement to convince the DMV that they performed the BAC tests in adherence to proper procedural requirements even before your driver’s license will be subject to suspension. The DMV hearing is very crucial in defending your DUI case. A good DUI defense lawyer would exploit the weaknesses and opportunities in the state’s case against you.

Tags: drunk driving laws, DUI, DUI advice, DUI arrest, DUI lawyer