State DUI DMV Hearing

Anyone who has been convicted of DUI will tell you that the penalties for this crime are severe. This is true no matter where you live in the United States. However, long before you step foot into a court room, there is another very important matter you’ll need to address—that is if your state has an administrative license suspension.

Unlike a criminal court case, an administrative license suspension is a civil proceeding that is conducted by a state’s Department of Motor Vehicles. Typically when a person is arrested for DUI, the arresting officer sends notification to the DMV. You then have a certain number of days to request a hearing with the DMV. If you do not request a hearing, the state will automatically suspend your license—just like that. And remember, this is before you’ve even made it to court.

It is a smart idea to contact an experienced DUI defense attorney who can represent you at your DMV hearing. Most of the evidence introduced during a DMV hearing is hearsay, but the DMV does not have the right to suspend your license based on hearsay. Known as the hearsay rule, this refers to statements made by people who are not present at the hearing. If your attorney feels that evidence is introduced illegally, he or she can subpoena the arresting officer or any witnesses. This would ensure that evidence introduced is no longer hearsay.

During the DMV hearing, the DMV official will review certain facts including whether or not you were the driver and whether or not you were legally stopped and arrested. They will also review the blood alcohol content test results if you agreed to submit to testing. If you did not take a chemical test, the DMV official will review whether or not you were advised of the consequences.

Even if you lose during the hearing, you can appeal the decision and request another hearing with the DMV. Again, this is where having an experienced DUI defense attorney is extremely beneficial!

For more information about your state’s DMV hearing, contact a DUI defense attorney near you.