DMV Hearings

Administrative License Suspension Hearings & DUI

DMV hearings are an essential part of any DWI, DUI or OUI charge. This administrative hearing is held with the driver's local department which oversees traffic issues, such as the Department of Motor Vehicles or Division of Motor Vehicles. DMV hearings are separate from criminal court proceedings in DUI/DWI cases.

After a driver has been arrested and cited for drunk driving, he or she will have a specified amount of time to schedule a DMV hearing regarding the suspension of his or her driver's license. License suspension proceedings are automatically initiated when a driver fails or refuses a breath or blood test after a DUI arrest. The arresting officer will typically confiscate the driver's license and give him or her a notice of suspension that acts as a temporary license. The driver will then have a limited time to contact the local DMV to schedule a hearing to contest the suspension of his or her license. If the driver does not request a hearing, his or her license will be suspended.

DMV hearings are often highly technical in nature and will be held to determine the following issues:

  • Whether the driver was driving the vehicle;
  • Whether the driver's blood alcohol concentration was above the legal limit; or
  • Whether the driver actually refused chemical testing; and
  • Whether the arrest and stop were lawful.

About DMV Hearings and Drunk Driving

For more information on driving under the influence and related charges, click on the links below:

Driving While Intoxicated
Depending on the state in which a drunk driving offense occurs, it may be referred to as driving while intoxicated, or DWI. A DWI arrest will initiate license suspension proceedings. Click here to read more about driving while intoxicated...

Driving Under the Influence
When a person is arrested for driving under the influence, or DUI, and is accused of either failing or refusing a chemical test to determine his or her blood alcohol level, the driver will face the suspension of his or her license. Click here to read more about driving under the influence...

Traffic Offenses
A driver may face license suspension for traffic offenses other than DUI, particularly if he or she accumulates too many demerit points on his or her driving record within a set period of time. This may bring about the need to schedule a hearing to challenge suspension or revocation. Click here to read more about traffic offenses...

An attorney can represent this driver at the DMV hearing in order to work to have the driver's driving privileges returned to him or her. This will also give a lawyer the opportunity to become better prepared for the criminal case.

Looking for legal help with your DMV hearing? Click here to find a local criminal defense lawyer.