DUI Law Information
by: DUI Information Association
If you’ve been pulled over and accused of a drunk driving offense, or more commonly referred to as a DUI or DWI, then you probably have a lot of questions. You are probably scared, confused, and a little angry if you didn’t feel you deserved it.
Regardless of the circumstances surrounding your incident you need to take immediate action to protect yourself, your freedom, and most importantly your driver’s license. You should consult with an attorney who specializes in DUI defense immediately. If you cannot afford to retain an attorney then consider meeting with one during a free consultation to get as much free help as possible. Here are some things you should consider:
1. Contact DMV and request a hearing within the specified amount of time (usually between 7-10 days depending on the state) to try and save your drivers license.
2. The time limit is calculated from the issue date of the temporary driver license or order of revocation which is usually the day of your arrest.
3. If you are out of state, or hold an out of state license that state’s DMV will still take action against your license.
4. This temporary driver license (paper one the cop gave you) is valid for only a few days from the issue date unless you request a DMV hearing. If your DMV hearing is requested the motor vehicles will “stay”” your suspension and your temporary license will be extended until the hearing is complete.
5. Don’t get the DMV hearing and the court appearance confused. The outcome of one almost never affects the outcome of the other.
In the DMV hearing, the hearing officer will decide on certain issues like whether the police officer had a legal reason to stop you; whether the police officer had a legal reason to arrest you; and whether or not the blood, breath, or urine result/test is reliable enough to suspend your license. This type of hearing is considered administrative and not criminal so if you expect to be represented you will need your own lawyer.
About The Author
The DUI Information Association, at http://www.duiprocess.com provides legal information and resources to those with DUI or DWI conviction records.
This article was posted on June 12, 2004