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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. There are a number of penalties that are the consequences of this charge. Jail time and fines among other penalties are administered. A drunk driving offense can cause an automatic suspension of the driver’s license. The DMV are the ones who administer the suspensions. When you are charged there are a couple of steps you need to follow through without hesitation. The first thing to be done is to request for hearing by submitting the appeal to the DMV for your DUI administrative license suspension. From the day you got charged, one is only allowed a maximum of seven days to submit such a request. Your driving license will be protected if this step is taken. This is not a part of the DUI criminal process. If one does not submit a request within this time limit, the results will be an automatic suspension. Suspensions are dependent on what DUI one was charged with. The justice system through the DMV will can add criminal penalties to the suspension. The administrative suspension of their driving license is not to punish the one who was charged. 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. It might qualify or disqualify some strategies for defending the case. 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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A review of a number of factors is carried out during the hearing. They include, 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. The attorney can take this chance to ensure he convinces the justice system to drop the charges.
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After the hearing is completed, your DUI license suspension is subject to either be upheld or suspended. If the results of the hearing are not satisfactory to the defendant and the lawyer, they can appeal to the district court under special circumstances. A suspension which is upheld will be subject to the DUI charge.