i read that i can chose to have the officer show up at my DMV hearing, but its a good idea to question a lawyer first. i agreed to the Breathalyzer and i blew a .127, im 20 years old, and was pulled over for swerving.
It depends on how you plan on proceeding. If you are going to hire an attorney (and you should) then consult directly with them as many of us have different strategies and opinions as to why you should or should not subpoena the officer.
If you are planning on representing yourself (bad idea), then you absolutely should say yes as the only shot you have of winning without an attorney is by the officer being requested to appear and subsequently failing to appear.
Understand that you are looking at a 9 month revocation of your license with no eligibility for early reinstatement and if convicted that revocation will be extended to one year. You would not be eligible for any type of license during that one year period. You are also facing some severe criminal consequences, including potential jail time, as some judge love to give defendants under the age of 21 jail time.
You should strongly consider hiring an attorney and if you cannot afford one, then you should definitely apply for the public defender to assist you in your criminal case.
Very good DUI defense lawyers differ on whether or not a driver should request the arresting officer appear at the DMV hearing so there is not one universal answer you can rely on. I would highly recommend talking to one or two DUI attorneys before requesting the hearing if you have time so you can make that determination based on those conversations with the lawyers. Other than that issue, there usually are quite a few issues to discuss with a DUI lawyer about your charges. Good luck.
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