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

Yes, there are defenses available to a person at an administrative per se (APS) hearing in New York. An APS hearing is held when an individual is accused of driving while under the influence of alcohol or drugs. One of the most common defenses in an APS hearing is to challenge the traffic stop itself. A defense attorney may argue that the arresting officer was not justified in stopping the individual and that there was no probable cause. Additionally, the defense may challenge the actual breath test and/or blood test results. The defense attorney may argue that the tests were administered improperly or that the results were not accurate, resulting in a false positive. In addition, an APS hearing may provide the opportunity to enter a plea bargain. An individual may agree to a plea bargain, where they plead to a lesser charge in exchange for a reduced sentence or fine. This may be the preferable option for an individual who wants to avoid the higher fines and jail time that may be associated with a DUI conviction in New York. Finally, a defense attorney may argue that an individual was not actually driving at the time of the arrest and therefore cannot be charged with driving while under the influence. This is known as the "not driving" defense and can be used to challenge the charges against the individual. Overall, an APS hearing can provide a number of legal defenses and options to an individual accused of driving while under the influence in New York.

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

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