QUESTION

Can a driver’s license be suspended before a hearing?

Asked on Nov 20th, 2012 on DUI/DWI - Utah
More details to this question:
Sister was arrested for DUI, tested zero on a breathalyzer but had taken her prescription Loratab and was parked in a store parking lot. Two cars of state police pulled in stating that someone had called to say a lady was in a car hitting her head on the steering wheel. She had only been there approximately four minutes. She had taken a person to the store as a favor. He has a criminal record. He told the police that he saw her take two pills, which she says is a lie. Before he talked to the police, they had asked her what she was doing with a person with such known record. He disappeared after telling them he saw her take the pills. She thinks she is being improperly treated. She did fail the eye test due to glaucoma. She apparently did not walk a straight line because she was cold. She asked to get her coat and they refused. She has had broken bones in one foot and has had transverse myelitis which affects her balance. No blood chemical test was given. She signed several papers and doesn't really know what she signed. She said she did not refuse to a chemical test because she was never asked to do one in the first place. She can't afford a private attorney and she is being told the public defender office can't do those kinds of civil cases. What is your opinion of getting out of the first offense DUI and what should she do?
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3 ANSWERS

Michael J. Breczinski
First of all was she charged with OUIL? This is different than being arrested. It means she has had to go to court on the charges. If so then there is a criminal matter and she is entitled to a court appointed attorney if he's qualifies.
Answered on Nov 27th, 2012 at 6:50 AM

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Immigration Attorney serving Salt Lake City, UT
Partner at Natty Shafer Law
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Yes, her license could be suspended at a Driver's License Division Hearing. Your sister has to request one first. If she does not request a hearing, her license will be suspended automatically. If she does the hearing, she can argue before the examiner that she has glaucoma etc. and that he was not intoxicated.
Answered on Nov 22nd, 2012 at 1:58 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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She should immediately contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding her case. He/she would then be in a better position to analyze your her and advise her of her options.
Answered on Nov 22nd, 2012 at 1:58 PM

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