Administrative DMV Hearing Information

If you are arrested due to the fact that you were driving the vehicle under the influence of alcohol or illegal drugs, you will risk facing a consequential court hearing that will determine the appropriate punishment and penalties. However, court hearing is not the only legal consequence that is awaiting the supposed offender. When a person is pulled over by the law enforcement officers, who claim that they have a probable cause to stop the vehicle, they will most likely be asked to go through some field alcohol tests, including the BAC (blood alcohol content) testing procedure. In case the test will indicate that the driver has 0.08% of alcohol in his or her system, the police will have the right to arrest him or her in line with the DUI charges. For the underage DUI drivers, who have not yet reached the age of 21, the blood alcohol content should not surpass the 0.01% and for the drivers of commercial vehicles (trucks and buses) – 0.04%.

If a driver is arrested for driving under the influence, in most cases, the arresting officer will take his or her driver’s license and will provide that driver with a temporary one. The temporary license will allow to drive the vehicle for 30 days, after which the license will also be suspended.

In case a person does not agree with the suspension of his or her driver’s license and wishes to argue with this decision, he or she will need to file an official request to the Department of Motor Vehicles (DMV). The DMV hearing request should be filed within 10 days after the arrest took place, otherwise, the department will not approve it. The hearing does not have anything to do with the court orders, it does not rely on the court sentence and will review all the evidence on its own. It is very important to find a good attorney, who would be able to prove that the law enforcement officers had no probable cause to pull the driver over to begin with. Only in case the lawyer will be able to demonstrate that the arrest was unlawful, the DMV will dismiss the case and will reinstate a person’s driver’s license. Otherwise, the DUI offender risks to have his or her license suspended for up to 6 months in case of the first DUI offense. If you need more information about DMV hearing, come for your free initial consultation today!

Related Information: DUI Process | DUI Probation