All you Need to Know about Driver License Defense
A DUI charge will result to the need for a driver license defense. There are a number of penalties that are the consequences of this 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. The DMV are the ones who administer the suspensions. One should urgently follow certain steps when they are charged with such and offense.
Submitting an appeal request for hearing of your DUI administrative license suspension to the DMV is the first step. 7 days are the maximum time one can take before submitting a request. Your driving license will be protected if this step is taken. This is not a part of the DUI criminal process. If one does not submit a request within this time limit, the results will be an automatic suspension. The type of DUI charge will determine the suspension. The justice system through the DMV will can add criminal penalties 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. It does not mean you are guilty when you request for a DUI hearing which is normally good to do. 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. To defend you the attorney may state 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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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. The DUI charge will determine the type of suspension.