When a driver is arrested on suspicion of driving under the influence (DUI) or driving while intoxicated (DWI), the Department of Motor Vehicles (DMV) machinery is automatically put into motion to suspend all driving privileges.
If this is a first offense, the suspension may only be for a 4 month period; however, if this is a second or subsequent offense the suspension period becomes longer. There are additional requirements to be met, such as attending alcohol education classes, before driving privileges are restored. A DMV hearing must be requested within 10 days or the suspension will automatically be effective. An experienced DMV hearing attorney with an intimate understanding of the hearing process can fight to protect your driver’s license from further suspension.
In a DMV hearing, your driving privilege hangs on three issues:
- While driving was your blood alcohol level at 0.08% or higher?
- Were you lawfully arrested?
- Did the law enforcement officer have reason to believe you were DUI?
In an administrative hearing, the reports of any tests and the arresting officer are taken as sufficient evidence for suspension. An experienced criminal defense attorney is needed to expose any flaws in test results and demonstrate any failures to meet standard procedure requirements. As former successful prosecutors, we have the skill and expertise to assist you. Contact us immediately for help protecting your rights throughout your case.
