First, contact the Driver's License Office of Administrative Reviews and demand a Formal Review. This must be done within the first ten (10) days following the DUI arrest, or the chance is gone forever. Second, get the best DUI lawyer one can afford. Your DUI lawyer will know how to help.
1
Demand a Formal Review
This must be done in writing, but it may be done by letter, faxed or mailed. However, it MUST be received within the first ten (10) days following the arrest.
2
Hire a Real DUI Lawyer
Lots of lawyers "handle" DUI. You want a lawyer who actually knows how to defend them. This requires experience at DUI defense, and constant study. Look for a lawyer who regularly (several times every year) attends seminars dedicated to defense of DUI cases. Look for a lawyer who teaches at some of these seminars. Look for a lawyer who has published articles, or better yet, a book about DUI law, strategy, tactics, etc.
3
Look at the Evidence in Advance of the Formal Review Hearing
The evidence to be considered by the Hearing Officer (pretend judge) at the Formal Review is available well in advance. Look at it. Your lawyer should make a conscious, well-considered decision whether to subpoena the police officer(s) to attend the Hearing.
4
Fight to Win
DUI cases are often won (or lost) by what happens at this stage in the case. Too many lawyers who "handle" DUI cases do not know what it takes to win Formal Reviews. No lawyer can guarantee a win, but by their actions (or inactions), many lawyers can guarantee a loss.
5
Be Prepared to Appeal a Loss
Unfair and illegal mistakes by Hearinbg Officers can be appealed by filing a petition for a writ of certiorari to the Circuit Court. This is not as difficult as it might sound. A real DUI defender will know what to do.
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