After being arrested on a DUI charge, the criminal case is not the only important thing you have to worry about. You also have a chance to have a hearing with the Florida Department of Motor Vehicles. This hearing may turn events in your favor, so it is something that you cannot miss.
What Is a DMV Hearing?
After being arrested on a DUI charge, your driver’s license is automatically suspended. At a DMV hearing, you can contest this automatic suspension. You must do this by proving that the arresting officer did not have cause to stop you for driving under the influence. As a result, the officer did not have probable cause to arrest you for driving under the influence. If the court determines that the officer did not have probable cause to stop you and arrest you, the arrest will be considered to be illegal. Then, the DMV will not suspend your driving privileges.
Rather than focusing on your guilt or innocence of this charge, the DMV hearing centers on whether or not the arrest was technically sound.
What Do You Do if You Have a DMV Hearing?
The first thing for you to do is hire a DUI defense attorney. The hearing process has deadlines that would make things much more difficult for you if you were to miss them, but your defense attorney will ensure that you do not miss these deadlines. Although a defense attorney cannot always have your charges thrown out, attorneys are still very valuable to this process.
For example, an attorney may be able to ensure that your license suspension is shorter than it ordinarily would have been without an attorney. Also, rather than being susceptible to the severest penalties, your attorney may be able to obtain community service or education classes for you.
In Florida, you must request a DMV hearing within 10 days. If you do this, the following will occur:
• You will have the chance to fight the suspension and keep your license.
• Your attorney can learn whether or not the arresting officer followed acceptable procedures.
• Your attorney can determine how strong the prosecution’s case is.
• You may be able to have your license extended for 45 days so that a hearing can be scheduled within 30 days of the date that you filed for a hearing request.
• If the above does not occur, you can file for a hardship license after 30 days.
In order to request a hearing, the results of your breathalyzer test must not be higher than .15.
At the Hearing
A DMV official acts as judge and jury at the hearing. This is the person who decides whether or not your license suspension shall remain in place. The following takes place:
Opening Statements and the Submission of Evidence
After opening statements, both sides present evidence concerning whether or not the stop was legal and the arrest was valid. They also review the results of the sobriety tests.
Questioning of the Witnesses
Your attorney will question witnesses to demonstrate that the arresting officer made inconsistent statements.
The Hearing Officer’s Decision
The hearing officer reviews the evidence and makes a decision. The hearing officer can decide that the suspension is valid, so it will begin immediately. If your attorney proved that the DMV did not have a strong enough case, your driving privileges may be reinstated.
