The Basics of a Driver Under Influence (DUI) Charges
A driver under influence (DUI) charge can lead to the need for a driver’s license defense. Many consequences are as a result of such a charge. The penalties ordered are Jail time and fines among other penalties. An automatic administration suspension of a person’s driving license is very possible when caught with a drunk driving offense. This action is implemented by the Driver motor vehicle (DMV). One should urgently follow certain steps when they are charged with such and offense.
The first thing to be done is to request for hearing by submitting the appeal to the DMV for your DUI administrative license suspension. 7 days are the maximum time one can take before submitting a 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. If one does not submit a request within this time limit, the results will be an automatic suspension. Suspensions are dependent on what DUI one was charged with. The suspension can be added on other criminal penalties from the justice system through the DMV.
The one who was charged is not to be punished by the administrative suspension of their driving license. The goal is to protect the other drivers and pedestrian from potential harm by these people. 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. The attorneys will be able to make a request for your DMV DUI ALS hearing and if it is accepted, it will be undertaken at the local DMV offices for administrative hearing.
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During the hearing a couple of factors are reviewed. 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. Your attorney can take this chance for the justice system to drop the charges.
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After the hearing is completed, your DUI license suspension is subject to either be upheld or suspended. There is another possibility that if you are not satisfied by the outcome of the hearing, in unique circumstances, you and your drunk driver lawyer can make an appeal to the district court. A suspension which is upheld will be subject to the DUI charge.