A Suspended License and DMV Hearings
When stopped on a DUI your license will be automatically suspended if either your blood alcohol content (BAC) is .08% or above or if you refused to take the test. Your license will be suspended by the DMV and you have only 10 days from the date of your DUI arrest to schedule a hearing with the DMV.
A DUI arrest means an automatic six-month to one-year suspension of your driver’s license. You must act quickly if you hope to retain the right to drive. If you fail to schedule a DMV hearing within 10 days then your right to appeal that suspension will be lost.
Most people do not realize that the DMV is the agency that will suspend your license and although not a court, a hearing still has the power to deny you the right to drive. This is independent of the criminal charge which is taken up in the justice system. It is crucial that you take advantage of the knowledge and legal skills of a West Palm Beach DUI lawyer who knows the system and understands how to best defend you. A DUI case is tried along in two places: the courtroom and in the DMV hearing process. If you want the best odds of retaining your right to drive then it is critical that a sound and strong legal defense is presented on both fronts.
What Happens at a DMV Hearing
The DMV hearing is conducted by a DMV representative who is responsible for determining whether or not your driving privileges will remain suspended or will be reinstated. The representative is both the prosecutor and judge in the hearing. They will review all written reports and police statements as well as make inquiries to the “defendant” as to the incident and any relevant information that is offered by your defense lawyer from our firm.
At DiRenzo & Weick we have found that in most cases these hearings are often based solely on written reports and in many cases can be successfully challenged. In some cases it is necessary to request the presence of the arresting officer or to question the validity of any field sobriety tests or blood test results. It is important that this hearing is treated with the same degree of legal precision and professionalism as a courtroom trial is. Your right to drive and your future quality of life is at stake and this is taken seriously by our team.
If you have been arrested on a DUI charge then you only have a brief opportunity to question your automatic suspension. Contact a West Palm Beach DMV Hearing Attorney for a consultation and representation.