What Happens During DMV Hearings?

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DMV Hearings – Driving with a .08 or Higher

The DMV will determine whether law enforcement legally stopped you, whether you were driving, AND whether your blood alcohol content was .08 or higher at the time of driving. If the DMV finds all of those things, they will suspend your license. The length of the suspension depends on how many prior DUI convictions you have in the last 10 years.

DMV Hearings -Refusing a Chemical Test

The DMV may decide to pursue a different kind of suspension at your DMV hearing based on refusing to provide a chemical test. When officers arrest for a DUI, the law requires you to submit to a chemical test, either breath or blood. For this type of hearing, the DMV will decide whether the officer lawfully arrested you, whether they properly admonished you regarding the choice of providing breath or blood, and whether you refused to submit a breath or blood sample.

If the DMV determines you refused a chemical test, they will suspend your license. Unfortunately, this suspension does not allow for you to get a restrict licenses during the suspension period. This suspension ranges from 1 to 3 years depending on your prior DUI history.

DMV Hearings – Medical Issues

Your license can be suspended if you have a medical condition that affects your ability to drive. Sometimes the DMV is notified by law enforcement that you have a condition that makes you unable to drive safely. This could be any number of conditions. If the DMV sent you a notice for this kind of issue, we can work with you to schedule a hearing. Once we scheduled the hearing, we can collect the appropriate documentation to present to the DMV Hearing Officer.

License Reinstatement and Restricted License

The DMV and the court are two separate entities that may have different requirements. It may not make sense to get the work restriction if the court is requiring you to have the IID, for example. Navigating the court and DMV Hearings can be confusing; be sure to discuss your options and circumstances with an experienced criminal defense attorney. You can find more resources related to DUI and Licenses here.

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