The Basics of a Driver Under Influence (DUI) Charges
A driver under influence (DUI) charge can lead to the need for a driver’s license defense. Many consequences are as a result of such a charge. The penalties ordered are Jail time and fines among other penalties. An automatic administration suspension of a person’s driving license is very possible when caught with a drunk driving offense. The DMV are the ones who administer the suspensions. When charged there are steps one should immediately take.
The first step is to submit an appeal to the DMV for your DUI administrative license suspension (ALS) request for hearing. One is only allowed 7 days to submit this request. This step is to ensure that the driving license can still be of use later. However, it is not part of the DUI charge process. The license is automatically suspended if one does no submit a request within the 7 days. Suspensions are dependent on what DUI one was charged with. The justice system can also impose other criminal penalties through the DMV which will be added to the suspension.
The one who was charged is not to be punished by the administrative suspension of their driving license. The main goal is to protect other drivers and pedestrians from such people who are a potential threat to their safety on the road. It is therefore not disadvantageous to request for a DUI hearing because it does not entirely mean that you are guilty. Some strategies of defending the case may be qualified or disqualified. Once a request for your DMV DUI ALS hearing is granted and scheduled it happens at the local DMV offices for administrative hearing.
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During the hearing a couple of factors are reviewed. If the licensee did not agree to a chemical test, if the licensee alcohol content in his blood or breath was beyond the .08 limit at time of the test and if the officer who arrested was reasonable to demand an evidentiary BAC test are the factors being reviewed. This factors for review are, if the licensee did not agree to a chemical test, if the licensee alcohol content in his blood or breath was beyond the .08 limit at time of the test and if the officer who arrested was reasonable to demand an evidentiary BAC test It is in the capacity of your attorney to argue that the evidence presented is not valid or the arresting officer went against your human rights or there were no realistic reasons for the charge. This is an opportunity for your attorney to defend you and get the justice system to revoke the charges.
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After the hearing is completed, your DUI license suspension is subject to either be upheld or suspended. An appeal can be made to the district court under unique circumstances if the defendant is not satisfied by the judgment. The DUI charge will determine the type of suspension.