DUI Trials in Court

When a driver is arrested for and charged with a DUI, there are two cases that are immediately filed against him or her.  One is a criminal case by the state, and the other is a DMV DUI hearing.  Although many drivers have argued double jeopardy in the past due to two different cases being placed against them for one alleged offense, the courts have determined that driving is a privilege and not a right, thus may be challenged by either the judicial system or the DMV.

Criminal Court Trials for a DUI

Upon being arrested for a DUI offense, a state’s prosecutor will formally charge the driver and a criminal case by the state ensues.  The driver may have a right to choose either a judge or jury trial, depending upon the corresponding state laws.  In a criminal trial, the prosecution typically bears the burden of proof unless the state has “per se” laws, also known as dui per se, however DUI trials need not prove beyond a reasonable doubt that the offense took place.  Criminal court trials for a DUI typically result in one or more of the following:

• Court fines and costs
• Community service and/or alcohol education classes
• Suspension or permanent revocation of driver’s license
• Jail time
• Requirement of an ignition lock device to be installed in the driver’s car

DMV Hearings

In addition to criminal charges against a driver, the DMV will concurrently pursue civil proceedings.  Typically, while awaiting an official court date in the criminal case, the DMV will temporarily suspend a driver’s license upon being arrested.  However, the driver may request a formal hearing with the DMV within a certain time period after the arrest.  When a hearing is requested, the driver’s license is not suspended until after the outcome of the hearing is determined.  Thus, there is recourse for those charged with dui getting license back. There are a few things to keep in mind when requesting an administrative DMV hearing:

• Requesting and attending a hearing does not mean that you will necessarily avoid license suspension completely.
• Even if the DMV does not suspend your license, the court may decide in the criminal trial to do so and the DMV must comply with court orders.
• Depending upon state law, an outright refusal to take a field or breathalyzer test may still require mandatory license suspension for some period of time.

Getting Legal Help

If you or someone you know is ever arrested for and charged with a DUI, it is vitally important to enlist the help of an attorney who is familiar with your state’s laws and procedures regarding the matter. It is one thing to reduce dui penalty, but it is also to minimize the dui record.  Seeking the guidance of counsel can significantly increase your chances of avoiding or reducing possible penalties from the court and DMV.  Drivers are allowed only a certain period of time to request a DMV hearing from the date of their arrest; if this request is not filed in this time frame, the driver waives his or her right to the hearing and risks license suspension regardless.