If you have been arrested and charged with a DUI, you might have heard about the possibility of having an administrative hearing with the Department of Motor Vehicles regarding the impact the DUI could have on your driving privileges. You may request a DMV hearing to have your driving privileges restored prior to a criminal DUI case. An administrative hearing is not a court hearing, and will not determine your guilt or innocence in a DUI case, In a DMV hearing, you will merely go over some of the facts regarding your arrest and how the DUI traffic stop was handled. If you are considering requesting a DMV hearing in your DUI case, there are some pieces of DMV hearing advice that you might find helpful in making sure it goes smoothly.
DMV Hearing Advice
- The first important thing to know about a DMV hearing in a DUI case is that you are not required by law to have one.
A DMV hearing exists because the US government believes that no individual should be deprived of rights without due process, and the hearing is part of the due process that is used to establish whether or not you should have your right to drive revoked or suspended for a period of time. Because you are not required to have a DMV hearing, you will have to request it separately from the DUI court case, which will proceed as scheduled.
- You will want to bring any relevant information to your DMV hearing that relates to the constitutionality of the traffic stop or the reasons that you were charged with DUI.
If you have any doubts about whether or not you were lawfully arrested, or whether the officer who performed the stop had reason to believe that you were under the influence of alcohol, now is the time to bring that information up. You may be given the chance to explain why you did not submit to a breath test or other alcohol test, depending on the circumstances of your case.
The effects of a DMV hearing and a criminal proceeding can have vastly different outcomes, since they are separate procedures. In any event, the effects of the court hearing will not necessarily affect the results of the case. For example, if the DMV hearing upholds a license suspension, and you are later acquitted of driving under the influence, the DMV hearing’s ruling will still apply regarding your license. Because of this, you may wish to proceed with caution in requesting a DMV hearing.
Getting Help
In many states, you are permitted to bring an attorney with you to your DMV hearing. If this is the case, it is vitally important that you do so, as your attorney can act as your advocate and guide throughout the process of the hearing, helping to ensure you have your licensed returned to you if possible.
