If a DUI defendant either refuses to provide a chemical sample or has a BAC above the legal limit, the state automatically begin Statutory Summary Suspension proceedings, or SSS proceedings. After 45 days, the full suspension automatically goes into effect unless the defendant successfully challenges it. For various reasons, many defendants do not even bother challenging the SSS.
The odds of success are not as long as some people think, and furthermore, the process itself often proves invaluable in terms of an overall DUI defense.
SSS Issues
Typically, the standard of proof is much lower than it is in criminal court. The issues at this hearing are limited to:
- Proper Stop: Assume that an officer follows a woman who just left a bar for about a mile. As she is understandably nervous, her tires creep over the dividing line for a brief moment, and the officer arrests her. This fact pattern is common and also flimsy, even though the standard is only reasonable suspicion.
- Proper Arrest: In the absence of a chemical test, probable cause usually comes from the field sobriety tests. Once again, the evidentiary standard is low, but the tests must be properly administered and evaluated.
- Proper Refusal: In a purely technical point, sometimes the arresting officer reads the wrong warning card, omits some information, adds some information, or uses a language that the defendant does not fully understand.
- BAC Above Legal Limit: Technically, at this phase, the question is whether the Breathalyzer or blood test indicated a blood alcohol content that was above the legal limit.
Based on the evidence, the judge will most likely either impose the full length of suspension, reduce it, or probate part of it.
Overall Strategy
Regardless of the outcome on the SSS issues, the hearing almost always constitutes a “win” for the defendant.
Discovery is vital in many DUI cases because the law significantly restricts the amount of information that the prosecutor must turn over to the defendant. Furthermore, some jurisdictions are “closed file” jurisdictions, which means that the defense attorney only has limited access to items like the police report.
The SSS hearing is free discovery for the defendant. Furthermore, the arresting officer must answer questions under oath, and such testimony can be valuable impeachment evidence at a subsequent trial.
This hearing also serves as a proving ground for legal arguments because if the argument is effective at this stage, it will be even more effective at trial, since the court prosecutor must prove guilt beyond a reasonable doubt.
Partner with Assertive Lawyers
The SSS hearing is an important part of a DUI defense. For a confidential consultation with an experienced criminal law attorney in Schaumburg, contact Glasgow & Olsson.
(image courtesy of Daniel Monteiro)