CHARGED WITH A DUI? YOU ONLY HAVE 10 DAYS TO PROTECT YOUR LICENSE!
Dealing with a DUI is a Two Step Process
In most criminal cases, you only have your one criminal case to deal with, which that in by itself can be quite overwhelming, scary, and intimidating.
However, if you are charged or arrested with a DUI case, you must realize that you have to handle not just your DUI criminal case, but an independent administrative proceeding with the Department of Motor Vehicle (“DMV”), which requires just as much case and attention.
Most believe that driving is a right, though it’s only a privilege.
While you are preoccupied and you are trying to cope with the criminal justice system to defend yourself against a criminal DUI charge, you must also plan on, and deal with protecting your right in a DMV administrative hearing, to protect the future of your driving privilege, along with defending yourself on the question of guilt in the criminal case.
The crimina lcase, and your DMV administrative hearing are two completely independent proceedings, and the outcome of one will not effect the outcome of the other, and that holds true vice versa. However, both are equally important, and you need an attorney to protect your interest and rights in both hearings. Law Offices of Tony Forberg recognize the importance of both of your cases.
What is the DMV hearing exactly?
Most people know how the criminal process will play out – they’ve seen it on the silver screen, they’ve read about it and they’ve grown up their entire lives exposed to the process. What most people don’t know about, however, is the DMV hearing. It’s behind-the-scenes and often takes a backseat. This can leave many people confused when it comes time to face it. To help combat this confusion, the firm has both asked and answered some of the most common questions regarding the process below:
Why do I only have ten days to act? If you are interested in taking part in the DMV hearing (something that is strongly recommended), it is important to realize that you will only have 10 days from receiving the notice of the action to request this hearing. Typically you will receive this action during the arrest. If you want a fighting chance of protecting your driver’s license, you need to request this hearing within this small window or you’re out of luck.
Will the DMV hearing determine whether or not I’m guilty? This is often the most commonly asked question regarding the hearing. Since the criminal process is there to deal with the guilt, many people are unsure just where exactly the DMV hearing plays in. The answer? No. The DMV hearing will not answer that at all. It will actually only deal with the anatomy of your arrest. Questions that will be asked at the hearing will include: Was there reasonable cause to perform the traffic stop? Were you lawfully arrested? Did you refuse the chemical test? These questions will not have to do with whether you were intoxicated behind the wheel – only the way that the arresting process unfolded.
Is the DMV hearing necessary? Do I have to go?
Most people live busy lives and it’s difficult to put everything on halt to deal with a DUI. If you’re truly concerned about dealing with the DMV hearing, you don’t have to request it. Does this mean that’s recommended? Not at all! Having a valid driver’s license is an extremely important asset to possess and if you don’t attend this hearing, you will have it automatically suspended. If you can’t fit the hearing into your schedule, you don’t even need to show up! It is perfectly legal for your lawyer to represent you.
If the DMV hearing suspends my license and I’m later found not guilty in the criminal case, will I be given my license back? This is a spot of confusion for many people. After all, if you weren’t guilty of driving under the influence, why should your license remain suspended? At this point, it’s important to remember that these are separate hearings and are dealing with separate issues. If your license was suspended because you refused to take a breath test, you won’t get it back because your BAC was under the legal limit. Similarly, if you are found guilty of driving under the influence, but the DMV had earlier set aside the suspension per the outcome of their hearing, your driving privileges will still be taken away.
Hire a lawyer that can handle both sides of your case!
It is easy for people to believe that the criminal case is the only important part of the DUI process. This, however, is completely untrue. Both are important and both will have a direct impact on your future. So why hire someone who can only handle one side? Should you choose to work with Orange County DUI attorney Virginia Landry or another member of her legal team, you will be able to be confident knowing that you will have an advocate on your side who will devote the necessary time, energy and commitment to both sides of your case. By approaching it in this manner, you will be able to be confident knowing that your future will be comprehensively protected.
If you already had your DMV hearing and you lost, what are your option?
If you timely requested your DMV hearing, and the hearing officer ruled against you, your next course of action is challenging the hearing officer’s finding in the Court, but filing a Petition for a Writ in the Superior Court having jurisdiction over the DMV office in your particular case.
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