BASIC FACTS: The defendant was arrested for DWI after the usual series of questions and roadside acrobatics.  At the police station, the defendant decided to submit to a breath test.  The breath test machine spat out an alleged reading of the defendant’s alcohol concentration of .11.

The state then sought to suspend the defendant’s driver’s license because he had cooperated and given a breath sample higher than .08.  The defendant elected to challenge the administrative license suspension at a hearing at the Department of Safety. 

HEARING PROCEDURE:  Attorney Stevens requested a hearing on the defendant’s behalf at the Department of Safety.  Attorney Stevens challenged everything that the law and rules allow regarding the breath test and the suspension.  The state tried to prosecute the suspension based on the officer’s testimony alone, despite the fact that the defendant had demanded other testimony and proof regarding the breath test result.  Attorney Stevens objected to the admissibility of the breath test result and moved to dismiss the administrative suspension.

The hearings examiner sustained the defendant’s objection and granted Attorney Stevens’ motion to dismiss on the spot.

RESULT:       DISMISSED!!!   The defendant’s right to drive pending his trial was restored immediately.  He did not suffer the 180 day administrative suspension that the state sought to impose on him.

Attorney Stevens thanks God for this successful defense!!!

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