What Must The Department of Public Safety Prove At the Administrative Hearing?
When a eprsonwho has been arrested for DWI requests a hearing regarding his or her license suspension, there will be several facts that are fought over at the hearing. There are three potential issues that will be litigated at the hearing. These are:
- The accused has an alcohol concentration level over the legally proscribed limit;
- The person is a minor and had a detectable amount (regardless of the amount) of alcohol in his or her system while he or she was driving a vehicle;
- Whether the police officer had reasonable suspicion to stop the car in the first place and whether the person had probable cause to arrest the person accused of driving while intoxicated.
The burden is on the Department of Public Safety to prove each of those by a preponderance of the evidence. The judge must find that the Department met its burden and if the judge does so, then the suspension must be sustained.
If you have been charged with DWI,
contact a
Plano DWI lawyer today.