The Department of Motor Vehicles (DMV) has the power to suspend your license if you are arrested for driving under the influence (DUI). This can make it difficult to get to work, school, or even to court to fight your criminal charges. Fortunately, there is a way to prevent license suspension after a DUI.
Requesting A Hearing
If you refuse to submit to chemical testing or if you blow a 0.08 or greater on the breathalyzer, the police officer will typically arrest you and issue an “Express Consent Affidavit and Notice of Revocation.” This notice serves as a temporary driver’s license for seven days following the arrest. If you do not want to fight to keep your driving privileges, your license will be suspended at the end of this seven-day period.
However, drivers who do not want their licenses suspended must request a hearing with the DMV before this seven-day period is up. The hearing must be requested in-person at your local DMV office. Your temporary driving privileges will be extended until the date of your hearing, which will take place within two months.
What to Expect at the Hearing
This type of hearing is much less formal than what you will experience when defending yourself against criminal charges in court. Some hearings even take place over the phone, although most are conducted in person.
During the hearing, you will meet with a hearing officer and have the opportunity to ask questions about the procedure. Then, the officer who arrested you will testify if he is present at the hearing, and you will be allowed to cross-examine him afterwards.
The hearing officer will issue a ruling after hearing the testimony. The officer will revoke your driving privileges if based on a preponderance of evidence, he believes that the officer had the right to stop and test you, and that you were driving under the influence at the time of the arrest.
Working With an Attorney
It is not required, but it is in your best interests to have an attorney with you at this hearing. An attorney can investigate your case to determine if the police officer illegally pulled you over or incorrectly administered the test. Law enforcement officers attend these hearings all the time, so they know exactly what to expect and how to answer questions. Let an attorney handle the questioning so you have a better chance of retaining your driving privileges.
If you have been arrested for drunk driving, contact Reisch Law Firm today. Our attorneys can defend your rights in both the DMV hearing and criminal court proceedings. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.
