Dui Attorney And Requesting A Dmv Hearing

Even if a sentence has been handed down, can a DUI attorney still help you protect your driving privileges? By requesting a Department of Motor Vehicles hearing, it is possible for you look over all of the evidence and present your own case. At this time, while not required, it is important to have a legal representative with you throughout the experience. Much like a traditional court case, there is an opportunity to ask questions of anyone involved and bring in other people to testify on your behalf.

How to Set up a Hearing

You have ten days to request a hearing after receiving the information about your loss of driving privileges. Most entities will not honor a request after this deadline. It is imperative that you talk with your DUI attorney and find out if a hearing would benefit you in any way. If you have legal representation, just like any other legal situation, you stand a better chance of a positive outcome.

There is usually a fee for setting up the hearing and regardless out of outcome, the person requesting the hearing must pay. This hearing is not about whether or not you committed a criminal act. The focus is on your breathalyzer or blood test, whether or not you were arrested, and if you refused the test it offers you a chance to explain yourself. You are under no obligation to set up a hearing.

What Happens at the Hearing

During the hearing, only certain things are considered. For example, you have the opportunity to explain your test results or you can talk about why you refused to take one. You have the right to be represented by a DUI attorney but legal representation is not required. You can cross-examine witnesses if you choose and you have a right to receive all of the evidence against you. In addition, when a decision is handed down, you will receive it in writing. For some, this is an opportunity to have the charges set aside and regain access to a driver's license.

Possible Outcomes

It is possible that nothing will change and that the criminal charges and consequences will stand. On the other hand, it is possible to have the suspension set aside and you will be able to keep your license. Your DUI attorney will be able to provide you with more details about what you can hope to see happen based on how the hearing goes. However, it is important to note that regardless of the outcome at the DMV hearing, it is completely separate from the criminal charges, penalties, and sanctions.

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