As part of any DMV hearing advice, a general overview of the disparity between criminal and administrative proceedings must be addressed. In DUI cases, or any other case involving driving offenses, a driver can face criminal penalties, as well as administrative penalties. The criminal penalties, such as jail, fines, fees, and others, are dealt with exclusively in the criminal justice system at a state level. However, a driver’s privilege to drive is granted, restricted, or revoked by an administrative authority, often the DMV, BMV, or some other state variation of a licensing authority. Typically, any criminal sentence imposing restrictions on licenses must be facilitated by the DMV, and in turn, more often than not the DMV complies with court orders. However, in certain cases, an offender may face administrative penalties, outside of the criminal penalties associated with a given criminal offense.
DMV Hearing Related to DUI Offenses
As part of the privilege to driver, a driver agrees to obey all traffic laws, which include prohibitions on operating a motor vehicle under the influence. If a driver is found under the influence, he or she faces administrative penalties alongside criminal penalties. Most state driving laws specifically outline the administrative penalties associated with DUI, including license suspension and other provisions such as adding points to a driver’s license. In short, the DMV hearing following a DUI arrest seeks to determine if an offender should incur these penalties. Another notable aspect of administrative penalties and the DMV hearing concerning DUI cases are implied consent laws in certain states, which mandate a period of license suspension for refusal to submit to a blood alcohol or some other form of chemical test following arrest under suspicion of DUI. Again, in this case, a DMV hearing offers an offender to dispute these findings.
Getting Legal Help with the DMV Hearing
In practice, actively defending oneself at an administrative hearing is often part of an overall criminal defense strategy following a DUI arrest. Offenders face penalties at the criminal and administrative level, and in turn, will want to represent themselves at hearings that are set to determine the type and extent of punishment. Having legal counsel representation during these hearings is not required, but prove highly beneficial. Furthermore, a driver may also wish to use legal counsel to reinstate a license following suspension or to garner a hardship license following or during the DUI criminal process, whether before or after sentencing.
