We all understand the theory of DUI. If you get too hammered it makes it really hard to safely operate a vehicle. Because most states are against DUI, they’ve made finding out if you are DUI a little easier. This is called the implied consent law. The basics of implied consent are that if you drive a car, you are agreeing to a breath test if a cop asks you. If your test results are .08 or higher, your driver’s license is suspended by the DOL.

Just because your driver’s license is suspended, though, doesn’t mean that the process is over. They can’t just take away your driving privileges without giving you a chance to fight. So, if you appeal the suspension within 20 days of your test, then you have a chance to beat the suspension and keep your driver’s license. And there are four ways to attack.

To begin, the cop has to have a valid reason for pulling you over. This can’t be a feeling or a gut feeling that the cop has that you are DUI. There has to actually be something there. The majority of the time its a traffic infraction. This gets you pulled over and then the cop can start looking for signs of DUI. If they stop you for a fake or improper reason, though, the test results get kicked out, and you win.

Second, that the cop didn’t have a reasonable suspicion that you were DUI such that the traffic stop could advance to a DUI investigation. To do this, the cop has to have more than a hunch that you are DUI. Alcohol on your breath and an admission to driving is not enough. They need articulable facts that point not to consumption of alcohol, but DUI. Like number one, if it isn’t there, everything is suppressed.

Third, that the implied consent warnings were given incorrectly. To give you a breath test you must be given a set of warnings and instructions so you understand what you are doing and the consequences of your actions. If you are given these improperly, the breath test is no good, and you keep your license.

Finally, that the breath test was administered properly. Many times at issue is the 15 minute observation period, which, if not followed, renders the test unreliable and inadmissible. If any other issues arise, they may keep the test out too.

In the end, the best way to fight at a DOL hearing is with a Seattle DUI attorney. They understand the law, understand the responsibilities of the cops, and can present the best possible case for you.

Want to find out more about hiring a Seattle DUI defense attorney for your DOL hearing? Then visit our site. We’ve got a lot of information on choosing the right Seattle DUI lawyers for you.