Once you are arrested for driving under the influence, you might be concerned about how the getting convicted with the pending charges might affect your record. You might worry that if convicted, you could lose your license for a period of time and suffer from losing your driving privileges. However, did you know that once you’re charged with a DUI, the Department of Motor Vehicles will seek to suspend your license for merely being arrested on a DUI charge? In case you weren’t aware, the DMV will pursue your license suspension after you’ve been cited for driving under the influence, regardless of whether you get convicted or not. This measure is entirely separate from the criminal charges the State pursues against you.
Although the certainty of facing a DMV license suspension adds more stress on top of defending a DUI conviction, knowing how to handle these circumstances is half the battle. Hiring an experienced DUI attorney, like those at the Law Office of Ameen and Shafii, can help you navigate through the obstacles that a DUI charge brings, and move you several steps closer to securing your license and your freedoms.
After you are arrested for a DUI, you only have 10 days to contest the DMV suspension of your license. Within this time span, you’re required to request a hearing with the DMV even if your criminal case is dropped, or your license will automatically be suspended. Seeking experienced DUI counsel is very important during this period, as time is of the essence.
Once a hearing is scheduled, a DMV appointed hearing officer will be appointed to your case. Like a standard court case, witness subpoenas and supporting documents are considered to determine whether or not the officer properly determined you were above threshold. The DMV has lower standards for what can be admitted during this hearing, so be aware that most supporting evidence will be considered to determine if the officer who cited you had probable cause. After consideration, the examiner will either uphold or rescind the suspension, and you will be notified of this outcome by mail.
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