When someone is charged with a DUI, their driver's license gets suspended or revoked by the Department of Motor Vehicles (DMV). If someone is said to have refused a breath or blood test, they could lose their driver's license for a year, even if they are never convicted of a DUI. A suspended license is a huge penalty, one that can deal a huge blow to your education or career. If you face a DUI charge, then you need to take this penalty seriously, working with a DUI attorney to defend your driving privileges with the DMV.
If you have been arrested for a DUI, then your license was suspended by the DMV, and you usually have only 10 days or so to schedule a DMV hearing in which to defend your driving privileges. This is not a process that determines where or not you are guilty of the charges leveled at you. This hearing determines whether or not you should lose your license. Even so, many of the issues handled in the DMV hearing could come up in criminal court as well.
For instance, one of the things considered in a DMV hearing includes whether or not the arresting officer had probable cause to pull you over and charge you with a DUI. If your license was automatically suspended for a whole year because you were said to have refused chemical tests, then you can fight this accusation too. Perhaps you can demonstrate that you were not warned by police about how you would lose your license if you did not take breath or blood test. An officer is supposed to tell you what the consequences of test refusal are. And even if you were warned, perhaps you actually did not refuse the test. For example, you may simply have failed to complete the test. This can happen with a Breathalyzer machine. When someone does not blow into the machine with enough power, then the machine may not be able to sense it. In these instances, an officer might make the mistake of saying you refused the test instead of failed to take it.
Even if you do not get your full driving privileges reinstated at a DMV hearing, you might be able to ask for a restricted license, or a "Cinderella license". For example, if someone has to use a company vehicle for their job, that person could tell the hearing officer that losing their license would be an unreasonable hardship. That might be enough for a limited driver's license to be issued. If this license is denied, drivers in some states will be able to ask for reconsideration or to file with the Board of Appeals.
The DMV has the burden of proof. It is up to the DMV to offer a preponderance of evidence that the DUI arrest was lawful, that the officer had probable cause to pull the driver over, that the driver knew what the penalties for chemical test refusal were, and that their BAC was at least 0.08 when they were pulled over. If a DMV hearing officer decides that this has been proven, then the driver will lose his or her license.
A driver has every right to present his or her case, however. They can show evidence and bring in witnesses. In fact, if a witness does not want to show up, they can be subpoenaed. They can even have a DUI attorney for a legal advocate. If successful, a driver gets to retain his or her license, or a restricted one, when the officer decides to set aside or dismiss the charge against that driver.
When you are facing the immediate consequences of a DUI arrest, you need to act right away to defend your driving privileges. You can search our directory today to find the experienced DUI lawyer who may be able to help you.