Does My Arresting Officer Have to Attend My DUI ALS?
Potential clients often ask us, “Does my arresting officer have to attend my DUI ALS proceeding?” The answer is no.
Because of the limited questions that are to be asked or answered at an administrative license suspension ALS hearing, it is not uncommon for the State to want to treat this as a nuisance procedure, pushing it through with as little effort as possible. One aspect of this is that the police officer who took your license may not automatically have to attend these hearings, as often the submission of his or her paperwork answering the required questions is enough proof of the alleged civil violation to allow the hearing officer to uphold the suspension or revocation.
However, one benefit to you in these proceedings may occur if your DUI attorney subpoenas this officer to attend, and then has the opportunity to ask him or her questions while the officer is under oath and on the record. If other police officers were involved in the arrest or breath testing process, they may be also forced to attend and testify. This information can then be used against your arresting officer, who is usually the key witness for the prosecution in your criminal case. Knowing what this person is going to say, what other officers in your case may have to say, and “locking them in” on their answers, gives your DUI attorney an idea of which of your possible challenges and defenses have the best chance of success.
Further, if any officer changes his or her sworn statements and testifies differently at your trial, this is very much in your favor as the officer’s truthfulness and candor are placed directly into question. When it is your word against the officer’s, if the officer is shown to not always remember details, or not always tell the truth, this commonly swings the judge or jury to your side.
Find a local DUI lawyer near you now by calling (844) 832-6384 anytime day, night, or weekend. You will be connected to the best DUI attorney near you, and he or she will explain how an ALS administrative license suspension works. In most states, you only have 30 DAYS from the date of your arrest to file a motion to prevent your license from being suspended for up to 1 year!