Understanding Driver License Defense
A DUI charge will result to the need for a driver license defense. This charge is accompanied by a number of consequences. The penalties ordered are Jail time and fines among other penalties. A drunk driving offense can cause an automatic suspension of the driver’s license. The DMV are the ones who administer the suspensions. When charged there are steps one should immediately take.
The first step is to submit an appeal to the DMV for your DUI administrative license suspension (ALS) request for hearing. From the day you got charged, one is only allowed a maximum of seven days to submit such a request. This step is to ensure that the driving license can still be of use later. However, it is not part of the DUI charge process. If the time limit to submit the request lapses and one has not submitted, the license is suspended automatically. Suspensions are dependent on what DUI one was charged with. The suspension can be added on other criminal penalties from the justice system through the DMV.
The administrative suspension of their driving license is not to punish the one who was charged. The main goal is to protect other drivers and pedestrians from such people who are a potential threat to their safety on the road. Requesting for a DUI hearing is good because it does not always mean that you are guilty. Some strategies of defending the case may be qualified or disqualified. When your defense attorney gets to request for your DMV DUI ALS hearing and it is granted for a particular day and time, it will happen at your local DMV offices for administrative hearing.
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During the hearing a couple of factors are reviewed. They include, if the licensee did not agree to a chemical test, if the licensee alcohol content in his blood or breath was beyond the .08 limit at time of the test and if the officer who arrested was reasonable to demand an evidentiary BAC test. Your attorney can use the fact that the evidence presented is not valid or the arresting officer went against your human rights or there were no realistic reasons for the charge to defend you. This is an opportunity for your attorney to defend you and get the justice system to revoke the charges.
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After the hearing is completed, your DUI license suspension is subject to either be upheld or suspended. An appeal can be made to the district court under unique circumstances if the defendant is not satisfied by the judgment. A suspension which is upheld will be subject to the DUI charge.