Are there any defenses available to a person at an administrative per se hearing?

Yes, there are several defenses available to a person at an administrative per se hearing in California concerning a drunk driving accident. The first and most important defense is that the driver was not under the influence of alcohol. This can be established by providing evidence of an alternative explanation for any behavior that may indicate intoxication, such as medications, a medical condition, fatigue, or even stress. The second defense is that the test results were incorrect or that the machine used to administer the tests was not reliable or in good condition. This can be argued by providing evidence of mechanical issues with the device, such as an inaccurate reading or a malfunctioning part. The third defense is that the arresting officer or breathalyzer technician did not follow proper procedures. This can be argued by providing evidence that the officer failed to follow the correct protocol, such as not waiting the correct amount of time before administering the test or not following the proper steps for the arrest. Finally, the fourth defense is that the driver had no intention of driving while impaired. This can be argued by showing that the driver had been drinking and planned to take a taxi or other form of transportation, but became too impaired to do so before the car was started. Ultimately, the success of any defense rests on the ability of the driver to provide appropriate evidence in support of their argument. As such, it is critical that anyone facing a drunk driving charge in California seek the professional advice of an experienced attorney as soon as possible.

Are there any defenses available to a person at an administrative per se hearing?

Related FAQs

Related Blog Posts