Why Request A DMV Hearing?
If you have been recently arrested for a DUI, you probably have a lot of questions. You may be familiar with the term DMV hearing but are unaware of exactly what that entails. You may be left wondering why bother with a DMV hearing, in the first place, if a blood or breathalyzer test provided evidence that your Blood Alcohol Content (BAC) exceeded the legal limit? According to Emilio De Simone, at DUI Law Firm Denver “we almost always request a DMV hearing and we primarily do it for two reasons.” Continue reading to learn more about these important reasons for requesting a DMV hearing.
The Importance of a DMV Hearing
If you have been charged with a DUI, most of your case will be dealt with, within the criminal justice system. Thus, you will appear in the county court in front of a judge. During this process, your guilt will be determined with the judge handing down your sentence and other penalties (if you are convicted). Despite this, the status of your license/driving privileges is determined outside the courtroom in the form of a DMV hearing. Emilio De Simone, at DUI Law Firm Denver explains the importance of requesting a DMV hearing because “if there is no hearing, you lose your license no questions asked. We believe that you shouldn’t lose your license without a fight.” With your driver’s license being such an integral part of your life, losing it will create far-reaching implications in your personal and professional life. Hence, with nothing to lose, why not request a DMV hearing?
Emilio De Simone at DUI Law Firm Denver provides as second reason DMV hearings are important stating that “we generally request that the officer be present because it gives us an opportunity to question the officer and get a feel for what he will be like if and when we go to trial.” This is a critical part of building a successful case for you. Since this hearing (unlike the court system) does not provide you with representation, it will be important that you exercise your right to hire your own attorney.
Your attorney after listening to the testimony of the arresting officer will have the opportunity to question the officer, potentially collecting information that could help you maintain your license. Following this, you have the chance to testify on your own behalf, as well as offer any relevant evidence.
At this point, the DMV assigned hearing officer will make a determination of whether there is substantial evidence to support that you are guilty of the violation and whether your driver’s license will be revoked. This is important because if the DMV lacks enough evidence to revoke your license, it is unlikely the court system will be able to convict you for DUI.
If there is substantial evidence to support the revocation of your license, the severity of the penalty is determined by the unique factors of your case. Your license revocation will be longer or shorter depending upon your previous record or lack thereof if you choose to consent to a chemical test measuring your Blood Alcohol content, and the result of the BAC test (how far over the legal limit you were).
Your driving privileges are far too important to your life and livelihood. Ensure everything possible is done to maintain your license. Allow the experts at DUI Law Firm Denver to fight for you! Contact them today at 303-404-7492 or visit the website at duilawfirmdenver.com.