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Thread: Administrative License hearing, can a DUI lawyer help?

  1. #1
    Junior Member
    Join Date
    Jul 2011
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    Administrative License hearing, can a DUI lawyer help?

    i received notice in mail that my license will be revoked for 90 days. I have a lawyer will he be able to do anything about it?

  2. #2
    Administrator
    Join Date
    Aug 2011
    Posts
    977
    What is an Administrative License Suspension?

    It is illegal in every state to operate a motorized vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. Drivers may also be arrested for DUI, regardless of their BAC, if they have consumed alcohol and cannot safely operate their vehicle.

    Many drivers arrested for DUI or driving under the influence are surprised to find that they may face civil charge from their state’s Department of Motor Vehicles (DMV) as well as criminal charges.

    If you have been stopped for DUI or driving under the influence of alcohol, you may be asked by a police officer to submit to a chemical test of your blood, urine or breath. Do you have to submit to the chemical test? No you do not, but under a state’s implied consent laws you have already given your implied consent to submit to the test and failure to do so may result in an automatic revocation of your driver’s license. The amount of time your license will be suspended may vary by state or may depend on the severity of your offense. In some states, if the driver refuses to submit to the chemical test, they may have their license immediately confiscated by the police and they may be issued a temporary license.

    If you are a first time DUI offender the license suspension could be for as little as 30 to 90 days. Drivers who have multiple DUI arrests may lose their license for several years. Administrative license suspensions are in addition to criminal charges which for some drivers may include: jail time, high fines, mandatory installation of an ignition interlock device, probation, and mandatory attendance in an alcohol education class.

    Appealing an Administrative License Suspension

    Drivers may be able to fight their administrative license suspension by hiring a DUI lawyer and filing for an Administrative hearing. The amount of time allowed to file an Administrative hearing can vary by state, but all states have a deadline to make the hearing request. If the driver fails to request a hearing of the license suspension within the specified time period the license is suspended for the number of days outlined under state law.

    At the hearing a hearing officer will review the DUI arrest and determine if the license suspension was properly made. If the court determines it was, the driver may be able to file an appeal of the license suspension.

    If you have refused to submit to a chemical test after a DUI arrest or your license has been suspended, you may need help from a DUI lawyer. If you miss the deadline to file for an Administrative hearing you may loss the right to challenge your license suspension.

    DUI lawyers have special knowledge of DUI laws in your state and can help you successfully defend your administrative license suspension. Contact a DUI attorney today if you need help.

  3. #3
    How the DUI conviction affects your driving privileges will depend on what state you were arrested in. Some states will invalidate the license the moment you’re arrested. Some states allow you to fight the charge before suspending it; you’re generally allowed one month before this occurs. If you don’t request a hearing within this time frame, your driver’s license will be suspended. This consequence is called the Administrative License Revocation or Suspension. They generally occur because you were caught with a blood alcohol that was higher than the legal limit; they are also separate from your DUI court case. Keep in mind that should you refuse to take the chemical tests (blood, breath and/or urine) at the time of your arrest, the state has the right to suspend your license automatically. If you’re required to take this test, it’s in your best driving interest to do so. Even if you don’t reside in the state you are arrested, your license can still be revoked in your state. If you don’t want to lose your privilege to drive, then it’s in your best interest to hire an experienced DUI lawyer. He/she can help you fight the DMV to keep your license as well as your court case. Remember that the DMV case is entirely different from the DUI case but regardless of what the DMV case outcome is, your DUI case can affect it and your privilege to drive. It’s highly recommended that you challenge your suspension. The worst-case scenario is that you are found guilty of the DUI charge and receive the suspension anyway. Now you can have a restricted license that allows you to drive to a disclosed location (usually work and school) but you will need to make the request at the DMV hearing. You can do this on your own but your DUI attorney would be better equipped and knowledgeable about these matters.

    Please visit our website, DUILawDefense.com.

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