DMV Hearing

One of the most surprising factors in any DUI case is the fact that there are actually two different cases a person is involved in. The first (and most obvious) is the case in court. This is the criminal proceeding. The other case that actually comes first is the hearing with your state’s Department of Motor Vehicles.

The reason that this is not considered double jeopardy (being convicted of the same crime twice) is because the DMV hearing is considered a civil proceeding. Once you are arrested for DUI, your state’s DMV will attempt to suspend your driver’s license. The only way you can attempt to prevent this is by requesting a hearing. Many states require you to request a hearing within just a few days of your arrest. If your request is not made in time, the DMV won’t even have a hearing and will instead automatically suspend your license.

Assuming that you request a hearing in time, you should have your attorney represent you. While the DMV hearing differs from the court proceeding, they do have one thing in common: evidence. The DMV officer conducting the hearing will review the police report as well as your chemical test results. If you refused to take a chemical test, the DMV officer will ask if the police officer advised you of the Implied Consent Warning. You should know that refusing a chemical test immediately results in a longer suspension of your driver’s license.

During the hearing, the DMV officer will determine whether or not you were the driver. He or she will also review whether or not the officer had a legal reason to stop and arrest you for DUI. If you were given a chemical test, it will also be reviewed whether or not this process was conducted legally. You should know that if you lose at your DMV hearing, you have the right to appeal the decision.

DUI is a very serious criminal charge, which is why the penalties are so severe. This is why it’s essential to contact a qualified defense attorney. From your DMV hearing to your court proceeding, your attorney is there to help you!