Can the DMV take my license even if I'm found not guilty of drunk driving charges?

The truth is there can be two hearings to decide the driving fate of someone arrested on DUI charges, the DUI license hearing before the DMV and the criminal hearing for the DUI traffic violation. These two cases work independently of each other and can result in two entirely different sentences.

The administrative hearing from the DMV is for someone who either failed their breathalyzer test or refused to take one. Implied consent laws in every state make such a test mandatory, and they carry the penalty of a suspended license. However, most states allow an administrative appeal hearing, usually within ten days of the arrest. This hearing is vital, since it will decide the fate of your driving privileges, possibly for the next year.

Someone who fails to appear at the appeal hearing or whose appeal fails may have their driver’s license suspended, regardless of what happens with the DUI criminal traffic charge. That is why it is crucial to appear at this appeal hearing and have an effective defense prepared.

When your driving privileges hang in the balance, it only makes sense to have a skilled legal professional at your side, helping prepare a defense that will allow you to retain your driving privileges. Experienced DUI attorneys have fought these battles before and can help defendants examine the evidence and find the most viable defense possible to avoid a driver’s license suspension.