Time Is of The Essence Following a DUI Arrest
If you have been charged with DUI, you may be receiving a lot of advice from those around you. It is likely you have done a bit of research on your own as well. Despite this, the legal world can be confusing, especially if this is your first offense for DUI. One of the things you may have seen touted is the importance of scheduling a DMV hearing within 7 days following your DUI. Simply put, it becomes necessary to address this issue if the officer at the scene gave you documentation titled “Express Consent Affidavit and Notice of Revocation.”
This occurs when you refused to submit to a chemical test or when your breathalyzer test came back exceeding a BAC of 0.08. As you may have heard it rumored, you indeed only have 7 days to appear at the DMV and request a hearing. At this hearing, it will be decided whether you will permanently lose your license or not. However, failing to request a hearing will result in automatic revocation. It is also beneficial to take this step as you will receive a temporary driver’s license, issued by the DMV that will allow you to continue driving until the date of your hearing when the final determination will be made.
The procedure for those who requested a blood test differs slightly because the results are not immediately available as they are with a breathalyzer test. When this occurs, the officer will obtain your test results at a later time. When these results provide evidence that your BAC was more than 0.08, law enforcement will contact the DMV directly, at which point you will be notified by mail. This notice will inform you of when your license revocation will begin, although you will have the same opportunity to request a hearing within 7 days.
Take note that if this is your situation, it is imperative that you keep your driver’s license up to date with your current address. If you have not updated your address during a recent move, notifications sent by the DMV will not reach you.
Requesting a Hearing
If you choose to request a hearing, you will be tasked with completing a form for the DMV. This form will require you to provide pertinent information, such as your willingness to submit to a chemical test. It will also be up to you to decide if you would like the arresting officer to be present at your hearing.
Decisions like this should not be taken lightly as they can impact your case. Thus, it is best to consult with your DUI attorney to determine the best course of action based upon the unique factors present in your case.
Secure Legal Counsel
Navigating the waters of a DUI or DWAI charge is confusing and overwhelming. With so many factors at play, it is important that you have experienced legal counsel on your side. With a solid defense, it is possible to have your charges reduced or even thrown out. Scheduling your DMV hearing is your first step in handling a DUI charge. Don’t let the outcome up to chance, allow the compassionate and knowledgeable assistance of a DUI attorney to assist you every step of the way!