BASIC FACTS: The defendant was stopped for speeding.  After the usual series of questions, observations of red bloodshot eyes, odor of alcohol and slurred speech the officer asked the defendant to perform the series of sidewalk gymnastics known as “field sobriety tests”.  At the police station, the defendant allegedly refused to take a breath test.  The officer handed him the pink copy of his temporary driving license and sent the defendant home after he was bailed out.

The state then sought to suspend the defendant’s driver’s license because he had failed to blow into the breath testing machine.  The defendant then received a letter from the department of safety advising him that his license would be suspended for refusing to submit to a breath test.  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 the rules allow regarding the refusal suspension.  The state tried to prosecute the suspension based on the officer’s testimony that the defendant was drunk, he was speeding, etc.  The officer did not present evidence that the officer advised the defendant of his right to an independent test prior to requesting a breath test.

The hearings examiner dismissed the administrative license suspension.

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!!!