Lawyers Weekly Inc. All rights reserved. Reprinted with permission. There are a large number of technical defenses available in these hearings, although many lawyers are unaware of them. But the client may still be better off, especially now that the Double Jeopardy defense has been rejected in most states. At the hearing, there is no prosecutor and the officer is usually unprepared.
Questions can cover nearly everything related to the arrest.
The officer's testimony can then be used to impeach him at a pre-trial suppression hearing or at trial. It can also be used in plea bargaining. License suspensions are imposed in every state for refusing a breath test, and they are imposed for failing a test in 37 states. It appears that defendants can get a suspension hearing in every state if they request one. Lawyers Weekly USA interviewed drunk driving defense experts around the country to find out which defenses are working.