Every DUI case has evidence that must be quickly preserved in order to maximize the results that a DUI attorney can achieve. There is often video evidence of the DUI stop, of the administration of the DUI Field Sobriety/Roadside Tests, of the suspect at the police station, and even of the driving that was the cause of the stop. However, these kinds of evidence are not automatically saved, especially if it does not help the prosecution. For example, a police department will often “write over” or erase the DUI video if it is not quickly preserved by a knowledgeable DUI attorney. Other DUI evidence that needs to be preserved includes “dispatch” records, 911 calls, blood evidence, and more.
Often, DUI attorneys do not pay enough attention to the DMV hearing in a DUI case. This is a huge mistake. If the DUI criminal case is won, but the DMV hearing is lost, you could still have your license revoked for up to two years, in some cases. But most importantly, this is the only opportunity that a DUI defense attorney will get to question the police officer without the District Attorney being present. This can and does lead to case-winning information being revealed. It is imperative that you retain a DUI attorney with a record of success at the DMV hearing.
Birk Baumgartner has won numerous DMV Hearings, and as a result clients have kept their license and never had to have an interlock installed.
- Grant O. was stopped in Jefferson County and arrested for DUI. He failed the roadside field sobriety tests and refused chemical testing. On the eve of trial, Baumgartner Law was able to secure a dismissal of all charges.
- John C. was stopped in Denver County and arrested for DUI. He elected to take a blood test, which resulted in a .186 BAC level. Baumgartner Law won the DMV hearing, and John was able to keep his license. After months of negotiation, and two retests of the blood sample, the DA agreed to a DWAI. John was able to keep his license, which was crucial to his business as an independent contractor.
- Chris J. was charged with DUI after an accident. Baumgartner Law won his DMV hearing and Chris still has his license.
**These stories, while true, are not meant to be an indication of the results you should expect in your case. Every case is different and there are too many variables to make any prediction in the outcome of a particular case. No attorney can promise you a particular result in any case.