The Basics of a Driver Under Influence (DUI) Charges
A DUI charge will result to the need for a driver license defense. Many consequences are as a result of such a charge. Jail time and fines among other penalties are administered. When someone is caught with a drunk driving offense, they are subject to an automatic administration suspension of their driving license. This action is implemented by the Driver motor vehicle (DMV). When you are charged there are a couple of steps you need to follow through without hesitation.
The first step is to submit an appeal to the DMV for your DUI administrative license suspension (ALS) request for hearing. One is only allowed 7 days to submit this request. This step is vital as it will secure your privilege to own a driving license. This is not a part of the DUI criminal process. The license is automatically suspended if one does no submit a request within the 7 days. The type of DUI charge will determine the suspension. The justice system can also impose other criminal penalties through the DMV which will be added to the suspension.
The administrative suspension of their driving license is not to punish the one who was charged. The protection of other drivers and pedestrians from these dangerous people is the main goal. Requesting for a DUI hearing is good because it does not always mean that you are guilty. It might qualify or disqualify some strategies for defending the case. 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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A review of a number of factors is carried out during the hearing. 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. It is in the capacity of your attorney to argue 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. This is an opportunity for your attorney to defend you and get the justice system to revoke the charges.
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DUI license suspension is subject to either be upheld or suspended after the hearing. If the results of the hearing are not satisfactory to the defendant and the lawyer, they can appeal to the district court under special circumstances. The DUI charge will determine the type of suspension. …