Does this void any 'evidence' or can the DMV still suspend my license?
DUI / DWI Attorney
This has zero effect on the DMV; if you didn't request a hearing you will be suspended 30 days after the arrest. However, if the breath or blood evidence shows you were below 0.08 at time of driving then the DMV will set aside any suspension.
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Criminal Defense Attorney
The DMV can and will suspend your license if they have been notified that you failed a chemical test or refused to take a test that was mandatory. You have to ask for a hearing within the time period they prescribe for doing so. In Wisconsin, that time period is 10 days. In some states it is 30 days. You should have received notice about that in your arrest paperwork. You should be asking these questions of your own lawyer.
Often people think that because it isn’t a murder case, a drunk driving case is simple. Nothing could be further from the truth. These cases can be among the most complex a criminal defense lawyer handles. The government is willing to spend an incredible amount of money to convict you though. They will have expert witnesses available for consultation and trial.
That you have been charged or that some contraption says your alcohol level was at a certain level does not mean that you are guilty. It certainly does not mean that you can be proven guilty using competent, valid evidence.
Field sobriety “tests” are designed to give police a reason to arrest. You cannot “pass” them. The police will admit that almost a third of healthy young adults who take these tests without any alcohol will be judged to be “under the influence” – and that assumes they are properly administered!
You will want a lawyer who is familiar with field sobriety “tests,” perhaps one who is certified to administer these tests. You will want a lawyer familiar with the weaknesses of the contraptions that are used to report alcohol or drug levels. You want an experienced trial lawyer, used to cross-examining police officers. Police officers are practiced, experienced witnesses.
That is, you want an experienced drunk driving defense lawyer, whether you call the offense DUI, OWI, DWI, OUI, or drugged driving.
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I am an experienced Wisconsin drunk driving (DUI/OWI/DWI) defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you.
If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices.
To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services.
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DUI / DWI Attorney
In and of itself, no. The DMV proceeding is entirely separate from the court case and its outcome. However, depending on the reason for the decision to not file charges, if the prosecutor submits a DS 702 form, the DMV may return your license to you. I suggest consulting with a local DUI attorney. Good luck.
3 lawyers agree