Protect You Driving Privileges | Understanding DMV Hearings
When facing a DUI charge, many people are taken by surprise that their license will be suspended before they have even been convicted of the crime. However, you can appeal this suspension if you act quickly to request a hearing. While these hearings are a common element of most DUI cases, they are oftentimes overlooked to damaging effect. The DMV hearing is an administrative hearing conducted by the Department of Motor Vehicles, and it determines whether or not an administrative suspension of your license— usually following a .08 or higher breathalyzer result or one’s refusal to take a state-administered breath, blood, or urine test—should be upheld or rescinded. During the hearing, the DMV will be looking at a variety of factors to determine whether or not you should be able to drive.
It is important to understand that this process occurs entirely separate from any criminal court proceedings for your DUI arrest. Additionally, in order to receive a hearing to appeal the administrative suspension of your license, you must respond within 10 days to the initial temporary suspension of your license that immediately follows your DUI arrest. You should ALWAYS respond and request this hearing.
An attorney from Savannah DUI can represent you at a DMV Hearing without you having to be present. These hearings have their own separate set of civil procedures and rules separate from that of the criminal courts. We will fight to have the administrative suspension reduced or rescinded, or to obtain a hardship license that will allow you privileges like driving to work during your license suspension.
What Factors are Relevant During a DMV Hearing
Since the DMV is only concerned about your driving privileges, and not your guilt or innocence in the criminal case, they will be looking at a much smaller list of evidence. The following are some of the key factors considered during these hearings:
- Blood Alcohol Content – If you took a blood, breath, or urine test, was your BAC at or above 0.08%?
- Arrest – Did the officer involved place you under arrest?
- Cause – What was the cause of your getting pulled over and eventually charged with the DUI (erratic driving? Routine traffic stop?)
- Denial of Tests – If you refused a blood, breath, or urine test, the DMV will determine whether the law enforcement officer had just cause to ask you to take these tests.
Fighting to Maintain Your License
We will work with you to put up an effective defense for your DMV Hearing. And though the reality is that the DMV is often very quick to suspend driver’s licenses—at least until the DUI trial has been completed—you are almost always going to get a better result if you fight back against the administrative license penalties than if you just let it happen.
Contact Us Now to Prepare for a DMV Hearing
If you have been arrested for a DUI, time is of the essence when it comes to the administrative suspension of your license and your right to a DMV Hearing. Please contact us right away. The sooner we are able to meet with you, the more time we will have to review the evidence in your case, and craft an effective defense. DMV Hearings often occur quickly after an arrest, so don’t delay in contact us for a free consultation.