Anyone charged with driving under the influence is facing both criminal and civil charges for their crime. The Department of Motor Vehicles (DMV) takes action to suspend the driver's license the moment that the arrest occurs. When the driver is released, they are no longer in possession of their license but are issued a temporary driving permit that will last for 30 days regardless of the outcome of the criminal trial.
Should this happen, the driver has 10 days from the date of their arrest to request a hearing with the DMV to prevent the suspension of their license, which is independent of their guilt in the courtroom. Called an Administrative Review Hearing, this allows the driver and their attorney to present evidence to the DMV allowing them to keep their license.
Steps to Request a Hearing
When the driver decides to fight their license suspension by participation in a license suspension hearing, they must follow a few steps:
- Hire an experienced DUI attorney to present evidence to the DMV
- Write a formal request including the name address, date of birth, and driver's license number
- Statement about when and where the license was suspended
- Postmarked or filed with the clerk 10 days following the license suspension
- Request a formal review or an informal review for their case
Depending on the type of administrative hearing the driver chose, they will need to prepare differently. That is why it is crucial to have a lawyer on your side during this time.
Does the type of review I choose matter?
For a formal review, the hearing must be held within 30 days of the request. The driver's DUI attorney will bring all the necessary evidence to the hearing, including witness testimony, and can cross-examine law enforcement and their evidence in the case against the driver. A formal review is recommended since it allows the driver's defense to see what the prosecution has in the case.
If the driver requests an informal review, the hearing officer at the DMV will only examine the evidence presented by the driver and the officer. Depending on the evidence, they will cancel or maintain the license suspension. If there is not enough evidence presented to support a suspension, they will reissue the license.
Are you or a loved one seeking an administrative hearing for a license suspension? Don't go in it alone! The sooner you work with a DUI attorney, the stronger your defense can be. Parks & Braxton, PA have thousands of successful court cases and can help you fight back against charges. Contact us today!