The first step you will face in fighting to clear your DUI charges, will be when you learn possibilities of what to do for how to win at the administrative license review hearing, following a DUI or DWI arrest offense. At the license review hearing, you will learn whether or not your driver’s license will be suspended, and if so, for how long of time the suspension will be for. A DUI arrest usually can lead to the mandatory suspension of your rights to drive a motor vehicle, if you do not retain a qualified DUI lawyer or don’t know how to protect yourself and your rights at your hearing. This suspension-time can be for a period of several months to 1-3 years on the nationwide average, depending upon your prior arrest history. It is of utmost importance that you understand that when you are charged with a DUI, you have limited number of days until your formal administrative review hearing. A solid DUI defense can be weakened or strengthened depending on the hearing’s outcome, thus the hearing is of very high importance. When properly handled after having your arrest details evaluated, it may help in your defense for the potential leading to the reinstatement of your license, as well to the strengthening of your criminal defense case you face next in the process.
Outlined below are the 4 essential ways of how to win at the administrative license revocation hearing under what the strict new laws are, and have the best chance of keeping a driver’s license from getting suspended at the DMV review hearing.
- Issues Surrounding A License Suspension
- The Administrative Formal Review Hearing
- What Happens at the DMV Hearing for DUI?
- The Benefits Of An Administrative Review Hearing
Let the free examination of your case details online – provide you the DUI information and defense possibilities to help protect yourself and your license to drive.
1. Issues surrounding a license suspension
If you had taken any of the chemical tests during your arrest, even a first-time DUI offense can result in your license being suspended. Those who refuse the tests, also can face a mandatory suspension of their license, unless the proper defense methods are taken quickly. The formal review hearing is your chance to fight this and possibly retain your license and right to drive. To preserve your ability to legally drive, you need to be prepared with the knowledge that will show the potential scenarios how to win at an administrative review hearing as an attorney reviewing your case helps provide you.
Since the administrative review hearing is relatively soon after a DUI arrest, it is necessary to realize why it is imperative to your future that you retain a have your arrest details examined, and as soon as you can, hire a qualified DUI attorney as immediately as you possibly can after you are charged, since the filing of a formal review request is of utmost importance in keeping your drivers license. The administrative review hearing is crucial to your DUI case for a variety of reasons. First after reviewing your details, a skilled and experienced DUI attorney can help you show how to win a temporary permit that gives you the time to make other arrangements for driving if necessary. This is almost always granted when a petition for formal review is filed properly, and should always be requested before running out of time.
2. The administrative formal review hearing
After the details of your arrest can be reviewed, a DUI attorney can provide help and advise you toward successfully contesting your license suspension, and outline possibilities how to win your formal review hearing with the information tactics given. There are several ways that your attorney could bring such cases to a successful outcome by keeping your drivers license. This in turn also forces the police to have to prove that they followed all of the correct procedures at every stage from the initial traffic stop to the administration of implied consent warnings. Using a a free examination of your arrest details which we provide you online, can help in showing what to do with possibilities of how to take any small failing and capitalize by turning it into a returned license for you.
3. What Happens at the DMV Hearing for DUI?
Since a DUI or DWI charge is something that most people never imagined they would ever be facing, it is quite understandable to be unsure of what to expect will happen at the DMV hearing for DUI. Although the DMV hearing for a DUI arrest charge is separate from the criminal case of misdemeanor or felony DUI charges, A DMV hearing will be a critical part of the case for every DUI and DWI case, including refusal cases. Not only can a person get their driver’s license suspended for a year or longer, they can be required to pay fines in excess of $600 and possibly pay further assessment fees for 3 years by the DMV. In DUI refusal arrest cases, many state’s DUI laws allow the prosecution attorney to use a driver’s refusal as a consciousness of guilt against the driver. At DMV license suspension hearings with the help of an experienced local DUI lawyer on your side, they can also argue for lesser penalties instead of license suspension whenever possible, such as participation in a DUI classes or other applicable driving school classes. In addition, certain types of circumstantial evidence that shows a person’s dependence for their driver’s license to work, the extreme hardship a license suspension would create for the person, other people such as children that may depend on a charged person’s ability to legally drive a vehicle, and other relevant factors are all admissible at the DMV hearing.
When a person is arrested and charged for a DUI offense, a skilled DUI attorney is essential for help in making all the difference with both the criminal side of the case and at DMV hearing, which concerns the suspension status of a person’s driver’s license. The DMV hearing for a DUI charge is just as important to the impact to your life as the criminal of the case, and therefore it is critical that you have your arrest details examined by a knowledgeable DUI attorney from your area though us, as soon as possible following an arrest. Quick action must be taken by a DUI/DWI defense attorney to prepare for the DMV hearing which comes soon after an arrest, in order to prevent the suspension of your driver’s license. The DMV must be contacted either by yourself or your attorney within the limited number of days you were given on the ticket or arrest forms from the date of the DUI arrest, and schedule the DMV Administrative License Hearing. Failing to do so within the short window of days given following an arrest, will result in a person’s driver’s license getting suspended automatically. The DMV hearing is the first major part of any DUI charge or refusal case. What will happen for the outcome at a DMV hearing for DUI or DWI will typically rely on whether the arresting officer had probable cause to stop a driver in the first place, and if that reason can be proven valid. It also can depend on whether or not proper DUI procedure was followed when a person was administered the Breathalyzer or blood test when determining a driver’s blood alcohol content (BAC) level. As with all the aspects of fighting a DUI or DWI case, by taking quick action and getting professional DUI help in time – it is possible to win a DMV hearing. In many DUI and refusal charge cases, there can be valid questions to challenge the DUI test procedures or the initial reason for being stopped in the first place before it led to an arrest for DUI, that can be fought successfully with a skilled DUI lawyer on your side.
4. The benefits of an administrative review hearing
The formal administrative review process for your license status is an essential part of winning back your license, and even your criminal DUI case. Having your arrest details examined soon in your case, also can give you helpful information how to file for and receive what is called “discovery” which is the list of witnesses and any evidence to be used against you. This way your attorney, can question witnesses and take formal depositions during the hearing process. Often by your attorney taking this course of action, it forces the prosecution to tip their hands in terms of what evidence they will use against you at your criminal case for DUI. This knowledge can prove to be a powerful advantage and often leads to a faster reduction of charges, or full dismissal entirely.
In order how to have any realistic chance of winning the DMV administrative license review hearing after a DUI or DWI arrest charge, this hearing must be handled by a skilled DUI attorney from your area where you will be going to court. This is because experienced and local DUI lawyers will have defended many people at their DUI administrative license hearings, and have a record of success preventing their client’s driver’s license from getting suspended at the DUI/DWI license hearing. After being able to carefully review the facts of what happened during your arrest that you submit online, they will then be able to contact you and explain any potential options of how to fight and keep your driver’s license at the hearing. In DUI and DWI cases when a proper defense can be established in enough time, a DUI case could result in getting dismissed if the arresting police officer did not have reasonable suspicion to stop the vehicle in the first place. It is for scenarios such as this and other possible reasons that may apply to your own particular situation, that if you have been charged with any type of driving under the influence offense, it is important not hesitate having your DUI arrest examined online through us as soon as possible. Besides protecting your driver’s license, the DUI motor vehicle license hearing is also important because it is on record in court. This can be beneficial to a skilled DUI lawyer later on at the criminal DUI court case, because of the potential cross examination of the arresting officer and what they originally said at the license hearing, and if it then differs in any way at the criminal DUI court case.
What happens if a person loses the administrative license review hearing, is for a person to be able to legally drive at all, they will need to obtain an occupational license. This is a temporary and restricted driver’s license, typically only allowed for work or school purposes. These restricted drivers licenses also are usually costly for their total fee requirements. An occupational license will involve fees for filing to get the license, insurance, and as most states now require – having to get an Ignition Interlock device installed in your car as well. Because the costs and penalties of a DUI are even more severe if a person should lose at the DUI drivers license court hearing, it is all that more essential to move quickly to have your arrest details analyzed professionally by a local DUI lawyer through us, online and easily. Once your arrest details are carefully reviewed, you can then be informed what to do next regarding your legal options for the DUI criminal case. After being able to review your information, a DUI attorney will also be able and explore all possible ways of how to avoid a DMV license suspension after a DUI or DWI arrest charge, and keep your driver’s license at the motor vehicle administrative license review hearing in: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming.