DUI DMV Hearing

Many states allow for automatic license suspension, or ALS, upon being arrested for a DUI charge.  However, an accused driver does have the option to request a hearing with the DMV for a certain period of time to challenge this automatic suspension pending a criminal court trial.  Without this hearing, drivers are simply notified of their license suspension in writing from the DMV.  Requesting a hearing with the DMV allows a driver to keep his or her license pending the outcome of such proceedings.

DUI Hearings and the DMV

DUI hearings are used by the DMV to determine the validity of a DUI charge, and the appropriate penalties for a driver in regard to his or her individual situation.  Since these hearings are completely separate from criminal court proceedings in the case, they also allow the driver to protect his or her driving privileges pending the outcome of such court trials.

The DUI DMV Hearing Process

During a DUI hearing, it’s important to remember that the burden of proof lies with the corresponding state’s Department of Safety.  The evidence presented in the hearing must prove that:

• The arresting officer had reasonable cause for the apprehension.
• The driver was in physical control of a motor vehicle.
• The driver was in a public place and intoxicated.
• An opportunity for a BAC test was given, as well as notice of consequences of refusing the test
• Proof the test was either denied or failed

ALS Laws and Automatic Suspension

41 states and the District of Columbia have ALS (automatic license suspension) laws in place that allow for automatic suspension of a driver’s license upon being arrested for a DUI.  These laws allow a law enforcement officer to confiscate a license upon the refusal or failure of a BAC test.  Notice of the suspension is given to the driver which serves as a temporary driving permit for anywhere from 7 to 90 days, pending either the outcome of the criminal trial or a request for a DMV hearing.

During this time, the driver may challenge the automatic suspension and request a hearing before the deadline.  This request requires that no suspension may then take place until the hearing takes place.  If no request is submitted, the suspension may last anywhere from 2 days to one year for first-time offenders, though longer and even permanent suspensions may exist for repeat offenders.

Getting Legal Help

In order to protect your driving privileges, it is vitally important to seek the advice of a local attorney familiar with your state’s DUI laws and DMV hearing procedures.  If you do not request a DMV hearing within a certain period of time after your arrest, you risk a lengthy license suspension and may even be unable to drive while awaiting a criminal trial that could be months away.  Living in a state with ALS laws means that your rights need to be protected immediately upon being arrested to avoid unnecessarily harsh penalties.