The Basics of a Driver Under Influence (DUI) Charges
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. 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. The DMV is responsible for this action. When charged there are steps one should immediately take.
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. The DUI criminal process does not include this. 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 administrative suspension of their driving license is not to punish the one who was charged. The main goal is to protect other drivers and pedestrians from such people who are a potential threat to their safety on the road. Requesting for a DUI hearing is good because it does not always mean that you are guilty. Strategies for defending the case might 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. 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. The attorney can take this chance to ensure he convinces 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. 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. When the suspension is upheld they vary according to the DUI charge.