Understanding Driver License Defense A driver license defense will be required when a driver is charged with a DUI. This charge is accompanied by a number of consequences. Fines, jail time among other penalties are required of the offenders. 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 thing to be done is to request for hearing by submitting the appeal to the DMV for your DUI administrative license suspension. From the day you got charged, one is only allowed a maximum of seven days to submit such a request. This step is to ensure that the driving license can still be of use later. However, it is not part of the DUI charge process. The license is automatically suspended if one does no submit a request within the 7 days. Suspensions are dependent on what DUI one was charged with. 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. Some strategies of defending the case may be qualified or disqualified. Once a request for your DMV DUI ALS hearing is granted and scheduled it happens at the local DMV offices for administrative hearing.
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There are a number of factors that are reviewed 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. Your attorney can use the fact 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 to defend you. Your attorney can take this chance for the justice system to drop 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.