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Understanding Driver License Defense A DUI charge will result to the need for a driver license defense. There are a number of penalties that are the consequences of this charge. Fines, jail time among other penalties are required of the offenders. An automatic administration suspension of a person’s driving license is very possible when caught with a drunk driving offense. The DMV is responsible for this action. When you are charged there are a couple of steps you need to follow through without hesitation. 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 vital as it will secure your privilege to own a driving license. The DUI criminal process does not include this. If the time limit to submit the request lapses and one has not submitted, the license is suspended automatically. Suspensions are dependent on what DUI one was charged with. The suspension can be added on other criminal penalties from the justice system through the DMV. The one who was charged is not to be punished by the administrative suspension of their driving license. The goal is to protect the other drivers and pedestrian from potential harm by these people. It is therefore not disadvantageous to request for a DUI hearing because it does not entirely mean that you are guilty. Strategies for defending the case might be qualified or disqualified. When your defense attorney gets to request for your DMV DUI ALS hearing and it is granted for a particular day and time, it will happen at your local DMV offices for administrative hearing.
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There are a number of factors that are reviewed 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. Your attorney can use the fact 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 to defend you. The attorney can take this chance to ensure he convinces the justice system to drop the charges.
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Once the hearing is complete the 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.