DUI License Suspension Hearing
In many states, as soon as the department of motor vehicle learns that you are arrested for DUI they will automatically suspend your driver’s license. This will happen before you ever set foot inside of a court room. The good news is that you usually can request an administrative hearing to fight for your license. However, you must do so within a certain number of days following your arrest. If you miss the deadline, they will automatically suspend your license. Hiring an attorney is one of the best decisions you can make following a DUI arrest. Your lawyer can help you with the process of requesting an administrative hearing and can fight for your driver’s license.
Understanding the administrative hearing process
Once you are arrested, the police officer will provide you with a temporary license allowing you to drive until your administrative hearing. Depending on your state, you may have the option of requesting an informal hearing or a formal hearing. It is important to have an attorney if you request a formal hearing because you’ll have to argue your case to the hearing officer and you may also subpoena witnesses. This is something your attorney can assist you with.
Assuming that you and your attorney decide to request a formal review, you’ll need to subpoena the officers and any witnesses that may have been present. These documents can be completed at the department of motor vehicles and the staff should be able to help you with the proper steps for serving the subpoenas to the witnesses. Be sure to make copies of all the documents including proof that you requested a formal administrative hearing.
During your hearing, your attorney can present evidence in your favor and may cross-examine the witnesses you subpoenaed. Your attorney will also argue why your license should not be suspended.
Once the hearing officer has made a decision regarding your license, you will be notified by mail. If you won your case, your license will be re-issued at no charge to you. If you lose, ask your attorney about the possibility of appealing their decision.
