What Evidence Can They Use Against Me in a DMV Hearing?

In an attempt to retain driving privileges, suspected DUI drivers are afforded the opportunity to plead their case at the DMV hearing. Although you have the right to present any evidence in your defense, it is important to understand that the state will already have evidence collected during your arrest that will be used during the Chicago DMV hearing.

These are some of the pieces of evidence that could be presented against you at your DMV hearing;

The Detailed Police Report

One of the strongest pieces of evidence that will be presented against you at the Chicago DMV hearing is the details of the police report. In this report, the officer will indicate what driving patterns were exhibited that gave them probable cause to perform a motor vehicle stop. The police dash camera can be entered into evidence when it shows the driver of the car was weaving in an out of traffic, driving under the speed limit, operating a moving vehicle at night without lights, or riding the lane markers. In the police report, there will be information about the demeanor of the driver, and how they responded to the questions offered by the officer.

Although this evidence is strong because the courts give more credibility to the arresting officer, but your DUI attorney does have the expertise to poke holes into the credibility of this evidence. There is little chance a judge will side with a driver that is without legal representation in these type cases.

Results of the Field Sobriety Test

The officer has at their disposal a number of different field sobriety tests that they can administer during a motor vehicle stop and that can be entered into evidence in your DMV hearing. The officer could ask the driver to stand with their eyes closed and lift one leg without moving or falling over. Officers can ask the driver to recite a section of the alphabet or to recite the alphabet backwards. Some officers prefer to have the driver walk a straight line, turn around, and walk back that same way.

Although each of these field tests can be used as evidence against the driver suspected of DUI, they are not always conclusive. The best Chicago DUI attorney can show that many of the field tests used during the motor vehicle stop would be very challenging for a sober person to complete successfully. Poking holes in the credibility of the test can go a long way to getting a favorable DMV hearing result.

Blood Alcohol Test Results

When the driver fails the field sobriety test or exhibits behavior that gives the police officer reasonable cause to bring the driver in on suspicion of drunk driving, a blood alcohol test will be administered at the police station. If the driver has a case of severe asthma, they may request to not take the breath test, so at that time a blood test will be given. If the driver refuses both tests, this refusal will be entered into evidence and brings with it the chance for more penalties to be added to the charges.

Your DUI attorney might have a hard time disputing the refusal, but it is not impossible. Regardless the results of the blood test and how it was administered, your attorney is working hard to make certain the rights of the driver were upheld, the testing was conducted correctly, and the equipment operates accurately.

Details of Driving History

The state can enter into evidence your driving history, especially if this is not your first DUI case. Although the ability to successfully defend a case with multiple DUI offenses is challenging, it is not impossible with the help of a Chicago DUI lawyer. The state is only presenting the driving record for face value, it is the responsibility of your attorney to show that this evidence does not accurately reflect the case being heard at the hearing. Although the driver might have a driving record that does include a prior DUI, that is not a clear indication the current arrest is one in the same. The two can not be considered the same just by association.

Your attorney will have to work hard to show the evidence in this case does not accurately represent what happened that evening, and the prior DUI should not seen as an indication of a persistent problem with this particular driver. Your attorney will make certain only the facts of this case are used in the final judgement.

Your DUI attorney has years experience at being able to cast doubt on much of the evidence presented against you during your DMV heating. When your livelihood and financial future swing in the balance, it is important that you have a skilled Chicago lawyer at your side fighting on your behalf for a favorable outcome.

FAQ: What Evidence Is Used Against You at a Chicago DMV Hearing for DUI?

1) What is a DMV hearing in a Chicago DUI case?

A DMV hearing is an opportunity for a driver suspected of DUI to plead their case in an attempt to retain their driving privileges. Even though you can present evidence in your defense, the state will also present evidence gathered during your arrest.

2) Can the state use evidence from my DUI arrest at the DMV hearing?

Yes. The content explains the state will already have evidence collected during your arrest and will use it against you during the Chicago DMV hearing.

3) What is the strongest evidence used at a DMV hearing?

One of the strongest pieces of evidence is the detailed police report, which documents why the officer stopped the vehicle and what they observed during the investigation.

4) What does the police report include in a DUI case?

The police report may include:

• Driving patterns that gave the officer probable cause to stop the vehicle

• Notes about the driver’s demeanor

• How the driver responded to officer questions
  It may also be supported by dash camera footage.

5) What driving behaviors can be used as evidence of DUI?

The content lists several driving patterns that may be used as evidence, including:

• Weaving in and out of traffic

• Driving under the speed limit

• Driving at night without lights

• Riding lane markers

6) Can dash cam footage be used in a DMV hearing?

Yes. The content explains police dash camera footage can be entered into evidence, especially if it supports the officer’s observations of unsafe driving.

7) Why is the police report so damaging at a DMV hearing?

Because courts generally give high credibility to the arresting officer’s observations. The content suggests it is difficult for drivers without legal representation to challenge this type of evidence.

8) Can a DUI attorney challenge the police report?

Yes. The content explains a DUI attorney may be able to “poke holes” in the credibility of the report and challenge how reliable or accurate it is.

9) What field sobriety tests can be used as evidence at a DMV hearing?

The officer may use a variety of field sobriety tests, such as:

• Standing with eyes closed and lifting one leg

• Reciting part of the alphabet

• Reciting the alphabet backwards

• Walking a straight line, turning, and walking back

10) Are field sobriety tests conclusive proof of DUI?

Not always. The content explains field sobriety tests are not always conclusive and can be difficult even for sober drivers to perform successfully.

11) How can a Chicago DUI attorney challenge field sobriety test results?

A skilled DUI attorney can argue that many field sobriety tests are challenging for sober individuals and may not accurately prove intoxication. Challenging the credibility of the tests can help improve DMV hearing outcomes.

12) What chemical testing evidence can be used at the DMV hearing?

The state may present blood alcohol test results, usually taken at the police station after the arrest.

13) What happens if I have asthma and can’t take a breath test?

The content explains that if a driver has severe asthma, they may request not to take a breath test, and a blood test may be administered instead.

14) What happens if I refuse both breath and blood tests?

Refusal can be entered into evidence at the DMV hearing and may result in additional penalties being added to the DUI charges.

15) Can a DUI attorney dispute a chemical test refusal?

The content explains it may be difficult to dispute a refusal, but it is not impossible. An attorney can still work to defend the case.

16) Can a DUI attorney challenge blood alcohol test results?

Yes. The content states an attorney may review whether:

• Your rights were upheld

• Testing was conducted correctly

• The equipment operated accurately

17) Can my driving record be used against me at the DMV hearing?

Yes. The state may introduce your driving history, especially if you have prior DUI offenses.

18) Does a prior DUI automatically mean I’m guilty in the current case?

No. The content explains that even if your record includes a prior DUI, it should not automatically be treated as proof that the current arrest is the same situation. The cases cannot be treated as the same simply by association.

19) Can a Chicago DUI lawyer defend someone with multiple DUI offenses?

Yes. The content explains defending repeat DUI cases is challenging, but not impossible with the help of a skilled Chicago DUI attorney.

20) What is the attorney’s role in a DMV hearing?

The attorney’s job is to ensure only the facts of the current case are used and to challenge evidence that does not accurately reflect what happened during the arrest.