Did you know you gave it when you got your driver’s license? Most people did not. Did you refuse it if it was offered? A lot of people did. Did you forget about it afterwards? Some people did. I am writing about implied consent and the datamaster test.
When a person is arrested for Driving Under the Influence, the officer will request that person take the datamaster test. His driver’s license will be suspended immediately if he refuses, or if he blows a .15 or higher. This suspension can be challenged by requesting an Office of Motor Vehicle Hearing, also known as an implied consent hearing.
There are many things to do after the DUI arrest. First, get out of jail. Second, who cares? There is nothing wrong with that line of thinking while in jail. After making bail, it’s a different ballgame. And like all ball games, there are many players and more than one game plan. They can be divided into three categories.
The first, and preferred, is the realist. She will hire an experienced DUI lawyer immediately. The lawyer will evaluate the case, take care of deadlines for filings, and basically put the game plan together.
The second is the procrastinator. This player will hire a lawyer when he gets around to it. He does not have a plan and when it’s time for the game, it may be too late to come up with a game winning plan.
Finally, we have the do-it-yourselfers (and the guilty pleas). There is an old saying for the person representing himself. Additionally, no one should ever plead guilty to DUI without first consulting with a DUI lawyer. It is a very complex area of the law, but not the subject of this post.
The major problem players in the last two categories have is usually the implied consent hearing. I tell my clients that it is like apples and oranges when compared to the DUI. This hearing is to challenge the suspension regarding the datamaster test. It is an administrative hearing and really has nothing to do with the guilt or innocence of the DUI. In fact, a person could be guilty of one, but not guilty of the other.
The officer has a lower burden of proof at the implied consent hearing. The facts required for this low burden are not complicated. In fact, they are very simple. The results have significant consequences. In addition to the suspension period, you must complete ADSAP. There are, however, some defenses in these cases. They are worth pursuing.
The most popular problem these players have is not the hearing or pursuing the defenses. It is failing to request the hearing or not requesting it on time. The request must be received no later than 30 days from the date of arrest. So, don’t forget the implied consent hearing.