DUI DMV Hearing
After you are arrested for a DUI, many states require you to request a hearing with the Department of Motor Vehicles within just a few business days from the date of your arrest. Failing to request a hearing will result in the automatic suspension of your driver’s license. It’s important to hire an experienced DUI defense attorney not only for your criminal court hearing, but also for the civil proceeding with the DMV.
The civil proceeding with the DMV is an administrative per se hearing. An employee of the DMV will introduce the evidence against you and will make a ruling based on the testimony of you and your attorney. The evidence that will be introduced may include the police report and the test result of your breath test, should you have taken one. It’s important to note that many states will automatically suspend your license if you failed to submit to a breath test. This is considered a violation of the Implied Consent Law, which requires licensed drivers to submit to a chemical test if they are suspected of DUI.
The Hearsay Rule
Witnesses do not testify during a civil proceeding like they do in criminal court. Therefore, DMV hearings can often result in a lot of hearsay and may include the statements of people who are not present at the DMV hearing. Since hearsay would never be tolerated in criminal court as proof of evidence, the same is true in a DMV hearing. If hearsay is used as a way to introduce evidence against you, your attorney can argue the hearsay rule.
What To Expect During A DMV Hearing
The DMV officer in charge of the hearing will ask you questions regarding your arrest. For instance, they will ask if you were the person driving the vehicle. They may also ask you if the officer had a legal reason to stop you, detain you and eventually arrest you for DUI. If you were given a chemical test, the DMV officer will ask you if the test was conducted legally.
If after answering the questions the officer rules to have your license suspended, you can still appeal the decision and request another hearing.
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