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All you Need to Know about Driver License Defense A driver under influence (DUI) charge can lead to the need for a driver’s license defense. This charge is accompanied by a number of consequences. Jail time and fines among other penalties are administered. An automatic administration suspension of a person’s driving license is very possible when caught with a drunk driving offense. This action is implemented by the Driver motor vehicle (DMV). When charged there are steps one should immediately take. Submitting an appeal request for hearing of your DUI administrative license suspension to the DMV is the first step. From the day you got charged, one is only allowed a maximum of seven days to submit such a request. This step is to ensure that the driving license can still be of use later. This is not a part of the DUI criminal process. If one does not submit a request within this time limit, the results will be an automatic suspension. Suspensions are dependent on what DUI one was charged with. The justice system through the DMV will can add criminal penalties to the suspension. The purpose of Administrative suspension of the driving license is not punish the defendant. The goal is to protect the other drivers and pedestrian from potential harm by these people. It does not mean you are guilty when you request for a DUI hearing which is normally good to do. Some strategies of defending the case may be qualified or disqualified. Once a request for your DMV DUI ALS hearing is granted and scheduled it happens at the local DMV offices for administrative hearing.
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A review of a number of factors is carried out during the hearing. They include, if the licensee did not agree to a chemical test, if the licensee alcohol content in his blood or breath was beyond the .08 limit at time of the test and if the officer who arrested was reasonable to demand an evidentiary BAC test. It is in the capacity of your attorney to argue that the evidence presented is not valid or the arresting officer went against your human rights or there were no realistic reasons for the charge. Your attorney can take this chance for the justice system to drop the charges.
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After the hearing is completed, your DUI license suspension is subject to either be upheld or suspended. There is another possibility that if you are not satisfied by the outcome of the hearing, in unique circumstances, you and your drunk driver lawyer can make an appeal to the district court. When the suspension is upheld they vary according to the DUI charge.