If you are accused of committing a traffic offense, then you could end up going to a Department of Motor Vehicles hearing. This DMV hearing is a civil hearing in which the DMV will decide if you can retain your driving privileges. This hearing looks at the blood alcohol content from your case or goes over if you’ll retain your license after refusing a Breathalyzer test.
If you don’t want to have your license revoked, it’s your responsibility to pursue a DMV hearing. You need to do this quickly, but the timeframe varies depending on the facts of your case.
How soon do you have to request a DMV hearing?
You should request a DMV hearing within seven days if you refused a Breathalyzer or chemical test. If you took the test, you’ll get a letter from the Department of Revenue. When you get this notice, you have 10 days to request a hearing.
What happens at a DMV hearing?
At the DMV hearing, there are three issues that will be discussed. These include:
- If the arresting officer had probable cause to think that you were impaired by alcohol.
- If you took a second test within two hours of the first when your BAC was .08% or higher. For those under 21, that second test has to be taken if your BAC was above .02%.
- If the officer had reasonable suspicion to stop you.
At this hearing, you don’t need to provide evidence that you’re a strong driver or have good character. You also don’t need to tell the hearing administrator why you need your license. These are topics that are saved for other hearings or trials.
At this hearing, you’ll just be looking to prove that the officer didn’t have a right to stop you, that you didn’t receive appropriate testing or other facts that could help the case get dropped in its early stages.
It can be difficult to know what to do if you’re facing a DUI. Remember, you have a right to pursue a hearing and to make sure that your traffic stop was legal. You have an opportunity to defend yourself and focus on dismantling the other side’s case.