After your initial arrest, you may find yourself involved in the criminal justice system for the first time in your life. As such, you may be confused about the various types of hearings and proceedings that are related to DUI charges. Here is what you should know about DUI hearings and DMV administrative hearings after a DUI arrest.
DUI proceedings
When the police pull you over and accuse you of driving under the influence of drugs or alcohol, they may suspend or revoke your drivers’ license. In addition, they will bring criminal charges against you.
Fighting DUI charges involves hiring an attorney, gathering evidence, preparing your defense, and appearing in court. It is not optional, and you can face severe consequences for failure to appear in court on your scheduled date.
DMV administrative hearings
By contrast, an administrative hearing with the DMV is a completely optional hearing. If you want to, you can request a hearing with the DMV to challenge the suspension or revocation of your drivers’ license.
In this hearing, you will have the opportunity to present a case for why the DMV should restore your driving privileges. If you wish, the same attorney can represent you in your DMV hearing and your DUI defense.
There is a strict time limit for requesting a DMV administrative hearing. It’s important to move fast, because you only have 10 days from the date of your arrest to apply for a hearing before you lose the right to request one.
The criminal justice system can be confusing and intimidating for those who have to go through it. Fortunately, your constitutional right to due process allows you the chance to fight the charges against you, and to try to get your license reinstated.
