Often times I meet with potential clients and one of the first questions they ask is whether they should challenge the proposed license revocation that follows a DUI arrest. Usually they say they spoke with another attorney or a friend and there is a small chance of prevailing. Due to this they would rather save the money it costs to challenge the proposed revocation and just deal with it. In my opinion that is incorrect thinking and here are 3 reasons why.
Additional collateral consequences you may not be aware of
Even if you don't drive and you take the bus everywhere. Having a suspended license due to a DUI can still cause problems down the road. Here are a few
- SR22 insurance will be required for at least years
- A reinstatement fee will need to be paid when eligible to get license reinstated
- A driver may need to take both written and driving tests again
- A driver could be deemed inadmissible to Canada
- A driver may not be allowed to rent a vehicle for at least 5 years
- Increase in regular insurance coverage
- Much, much more
Interview police officers involved without prosecutor
One of the main reasons I always tell people to challenge the suspension following a DUI arrest is that is where I personally conduct a majority of my investigation for the DUI case. Because the DOL hearing is like a mini trial you can subpoena witnesses to appear and question them under oath. In most DOL hearings I subpoena at least the arresting officer. The reason I do this is two fold. First if they don't appear and they were properly served a subpoena 9 out of 10 times the suspension will get dismissed. Secondly if they do appear I get a free deposition with all of the prosecutors witnesses without the prosecutor being there, and everything is recorded.
It's helpful with negotiation
Sometimes I have found the ruling from DOL to be helpful during the negotiation with the Prosecutor in an attempt to get the DUI reduced to a lesser charge. Obviously if a driver prevails at the DOL hearing and the suspension gets dismissed based on some kind of legal issue that is great. But even if the suspension gets upheld sometimes Prosecutors are receptive to the idea of reducing the DUI knowing full well that the driver is not getting off scott free and they will face a license suspension.
Obviously challenging a license suspension is an uphill battle. However I honestly believe there is more benefit to challenging the suspension and the benefit of it outweighs any cost or the nominal fee.