If you’ve
been pulled over and accused of a drunk driving offense, or more
commonly referred to as a DUI or DWI, then you probably have a
lot of questions. You are probably scared, confused, and a little
angry if you didn’t feel you deserved it.
Regardless of the circumstances surrounding your
incident you need to take immediate action to protect yourself,
your freedom, and most importantly your driver’s license.
You should consult with an attorney who specializes in DUI defense
immediately. If you cannot afford to retain an attorney then consider
meeting with one during a free consultation to get as much free
help as possible. Here are some things you should consider:
1. Contact DMV and request a hearing within the
specified amount of time (usually between 7-10 days depending
on the state) to try and save your drivers license.
2. The time limit is calculated from the issue
date of the temporary driver license or order of revocation which
is usually the day of your arrest.
3. If you are out of state, or hold an out of
state license that state's DMV will still take action against
your license.
4. This temporary driver license (paper one the
cop gave you) is valid for only a few days from the issue date
unless you request a DMV hearing. If your DMV hearing is requested
the motor vehicles will "stay"" your suspension
and your temporary license will be extended until the hearing
is complete.
5. Don't get the DMV hearing and the court appearance
confused. The outcome of one almost never affects the outcome
of the other.
In the DMV hearing, the hearing officer will
decide on certain issues like whether the police officer had a
legal reason to stop you; whether the police officer had a legal
reason to arrest you; and whether or not the blood, breath, or
urine result/test is reliable enough to suspend your license.
This type of hearing is considered administrative and not criminal
so if you expect to be represented you will need your own lawyer.
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