If you’ve been charged with a DUI or some other offense that requires immediate revoking of your driver’s license, then you’ll undergo a DMV hearing. During this time, the police officer will describe their case of why they have reasonable cause to revoke your driving privileges. By understanding how these cases work, you’ll be better able to defend yourself and, hopefully, prevent the revocation of your driver’s license.
This Case Only Decides Whether Revocation Of Your License Is Lawful
Most people tend to get confused between DMV hearings and criminal court proceedings. The DMV hearing is only about whether or not the revocation of your license is lawful. This case has nothing to do with you being guilty or not of the DUI or another charge. This type of case deals with whether or not the police officer had reasonable cause to administer a blood test. The DMV hearing is all about proving whether or not the police officer was right in claiming that you violated the law and are able to legally revoke your driver’s license. Deciding whether you were guilty or not of the criminal offense will be figured out later during your criminal court proceedings.
You’re Not Obligated To Attend
If you’re not contesting the fact that your license should be revoked, then you don’t need to request a DMV hearing. The revocation of your license will be administered automatically within a set amount of days, depending on the state you were arrested in. You’ll be notified by the court when this happens. In the event that you don’t care whether or not your license is revoked, you may find it better to just skip the DMV hearing altogether.
If I’m Found Not Guilty In My Criminal Case Do I Get My License Back?
This is a slippery slope depending on how the criminal charges end up being filed or not. If you do go to a criminal court case and are not found guilty of driving under the influence, then the DMV will review your suspension or revocation. In most cases, they’ll find that the acquitted DUI charges are enough to reverse the suspension or revocation of your driver’s license.
In some cases, the DUI charges can be replaced with other charges, such as reckless driving. When this happens, it can be positive thinking to believe that you’ll be able to get your driving privileges back. This is not commonly the case. Your driving privileges are still revoked as of the proceedings of your DMV hearing. You would have to have an additional DMV hearing to have the ruling reversed. In some cases, the DMV hearing may reduce the amount of time your revocation or suspension endures.
What happens if the DUI charges were dismissed against you? While you may think that this is a clear way to get your driving privileges back, it’s not always a clear shot. Depending on the state that you live in, the court can decide not to file the charges right away. However, many states allow up to a year from the arrest date for filing of DUI charges against the offender. So, you’ll still have to go to your DMV hearing again and explain your situation. In some instances, you may be able to get your driving privileges back. In other cases, you may not.
You Must Request A DMV Hearing
When it comes to the suspension or revocation of your driver’s license, you have a set period of time that you can request a DMV hearing. This hearing is where you get to share your side of the story and explain why you should be able to keep your driving privileges. Each state has their own set amount of time that you must file for a DMV hearing. For example, California request all drivers to file for a DMV hearing within 10 days of their arrest or they will automatically lose their driving privilges. You should know what the timeframe is for your state.
While the legal process can be one of confusion for many, it’s important that you take the time to understand the particulars of the laws that affect your life. If you’ve been arrested for driving under the influence, it’s likely you’ll want to have a DMV hearing. Now, you should have a clearer idea of what these are and how they affect your driving privileges.