When you get arrested for a DUI, there are many things you will be fighting in the upcoming months. These include, but are not limited to, jail time, fines, alcohol classes, probation, and license suspension. Getting arrested for a DUI requires that the individual go to two different legal proceedings: one at criminal court and one with the Department of Motor Vehicles (DMV). Criminal court will dictate whether or not you will be going to jail, what fines you will have to pay, how much you must pay in restitution (if any), and how many weeks of alcohol classes you must sign up and pay for. The DMV hearing, on the other hand, determines whether or not you will be able to legally operate a motor vehicle.

Usually, the DMV hearing is the least of many people’s worries due to the harsh consequences they will be facing in criminal charges. But  even though the DMV hearing doesn’t have anything to do with jail time or fines, it doesn’t mean that it is irrelevant. In fact, license suspension can be one of the most annoying punishments that is passed down by the state if the individual doesn’t take care of it right away.

The moment you are arrested, the police officer will take away your driver’s license and issue you a “Notice of Suspension” that will act as a temporary license for about 30 days. This notice also gives you 10 days to request a DMV hearing to fight your suspension, but after those 10 days are up, your license is gone. For this reason, it’s best to take care of it immediately after you are released. If you do not retain an attorney to take care of this for you, it is in your best interest to do this before you do anything else. Because if you win your DMV hearing, you won’t lose your license regardless of what happens in criminal court.

If you neglect to contact the DMV for a hearing, your license will be suspended for one year following the thirty day notice on the form issued to you by the arresting law enforcement officer. If you do contact the DMV prior to the 10 days that you are allotted,  you or your attorney will have to go through the DMV hearing proceedings, which are nothing like the court proceedings you will be dealing with in the future.

Unlike criminal court, the DMV will have no judge, jury, or prosecutor. The Department of Motor Vehicles does not care whether or not you are guilty of driving under the influence of alcohol or narcotics, their only concern is whether or not to allow you to keep your driving privilege valid. For the most part, the purpose of the DMV hearing is to gauge whether the arresting police officer acted within the bounds of the law when confiscating your driver’s license. If the court finds that the law enforcement officer was not justified in taking away your driver’s license, you get your license back and get to keep your driving privileges. If the hearing finds that the officer was warranted in his arrest and confiscation of your license, your license will be suspended for six months up to one year.

It is important to note however, that your license could be suspended for a longer period of time if there are aggravating factors associated with your DUI arrest. An aggravating factor is simply a term that is defined as any circumstance or fact that increases the severity of the criminal act. In the case of a DUI, for instance, a very high BAC, having a minor present in the vehicle, property damage, personal injury, and death would all be included aggravating factors. In the event that one of these aggravating factors is relevant, the DMV could request that your license be suspended longer.  

In the event that your license  does get suspended because you failed to file for the hearing or you lost your case at the hearing, your license suspension begins immediately. However, after 30 to 90 days of the suspension, the offender can apply for a restricted license upon completion of the terms set for by the DMV. In many cases, this includes classes that are designed to teach the offender the basics of their regrettable mistake and the ways they could have further hurt themselves or others. Anyway, an offender is eligible to get a restricted license for business purposes only upon completion of the what is agreed upon during the DMV hearing.

Again, the easiest way to prevent dealing with all of the consequences for drinking and driving is simply not drinking and driving. But if you do find yourself in the unfortunate situation of being required to go to a DMV hearing to fight for your license after being arrested for a DUI, it’s smart to contact an attorney who is experienced in issues such as this. Here at the Law Offices of Max Gorby, we know how important DMV hearings can be when it comes to your freedom, your privileges, and your future. In addition to fighting for you to keep your driving privileges, we will also be using the DMV hearing as a practice run for the real trial. All of the information you provide us in addition to the police report, witness accounts, and other circumstantial evidence will allow us to try our hand at the DMV hearing. This experience could prove to be invaluable to the criminal case that we will be facing in the coming months following the DMV hearing.

We understand how serious the charges are that you are facing and we don’t want you to have to battle the court system on your own. It can be very intimidating for a person who is unfamiliar with the law to attempt to fight it by themselves. Your best bet is to hire an attorney who specializes in DUI law. Even though you’ve made a mistake doesn’t mean you need to make a

nother one and try to take on the courts alone. In fact, we will show to the DMV hearing without you! If you have any additional questions or concerns regarding DMV hearings, call the Law Offices of Max Gorby at (323) 447- 2819.