It is absolutely necessary for the DMV to establish the facts of the case during a DMV hearing. All 3 “issues” must be proven in order for the suspension to be substantiated.
The officer must be able to prove they had a reason to believe the driver was committing some traffic or other violation prior to being pulled over, the driver must have been lawfully arrested, not just detained, and the BAC must have been properly tested and results must show higher than the current legal limit of .08%.
Another important issue is whether or not there are prior convictions on the driving record as this affects the length of any potential restriction, suspension, or revocation. The skilled and experienced DMV attorneys at DrunkDriverLaw can represent you at the DMV administrative hearing.
You only have 10 days from the date of arrest to request a DMV hearing. Contact us immediately to find out how we can assist in protecting your driving privilege and secure your right to a DMV hearing.