Q: DS 1205 form was filled out incorrectly by arresting officer… Does this help me? I refused to take a Breathalyzer test after being arrested, but I did submit to the field test. The arrestinog officer checked the first two spaces on the DS-1205, indicationg that I had tested positive about 0.08. Considering that the form clearly states “MARK ONE ONLY” and on his sworm report, he is indicating that I tested above 0.08, which cannot be proven becasue I refused to take a Breathalyzer, will this help me? He also did not sign the temporary license section at the bottom of the page, even though my license/ pribilege was not suspended, cancled, or revoked at the time of my arrest. This has left me with nothing.
A: First- You MUST file a request for a hearing within 10 business days and include the $150.00 fee or your Drivers License WILL BE SUSPENDED. it does not matter that there are technical and possible factual/legal issues that could be presented in your defense if you don’t request a hearing! Second- I would higly recommend that you retain an Experienced DUI Attorney to represent you in the Administrative License Suspension (ALS) hearing ASAP! Trying to defend yourself at this hearing is NOT A GOOD IDEA! Third- Do your research and find a DUI Defense Attorney that you feel comfortable using. Talk with the Attorney and ask about qualifications experience. Directly question his/her knowledge on the ALS procedure and any available defense you may have at eh ALS hearing or at a Trail. Hire the Attorney that you feel most comfortable with defending you in court. Remember, your Attorney is your voice in Court, your Defender and should be both qualified and experienced in defending ALS/DUI cases like yours. I hope this has been helpful information to you. Good Luck!