Articles Posted in Restricted Driver’s License

When you have been arrested on the suspicion of DUI, there is an important deadline you must be aware of. You have within 10 days to schedule a DMV hearing. The 10 days start after the day you have been arrested and include weekends. To be on the safe side it is best to schedule a DMV hearing as soon as possible, however, before doing so, there are a few things to keep in mind.

The DMV hearing is as important as your criminal court appearance. The Criminal Court will be the entity that determines whether there is enough evidence for you to be convicted of a DUI. The Prosecutor will present their case and must prove beyond a reasonable doubt that all elements have been met. If convicted, the Criminal court will also determine the appropriate sentence. The sentence will include jail time and/or a fine, probation and alcohol rehabilitation classes. The Court will make the determination as to what will be imposed as a penalty and it’s duration.

What the court will not determine is the suspension or revocation of your driving privileges.sThat is what the DMV will determine. The purpose of the DMV hearing is for a hearing officer to make a finding as to the facts of your case and determine if your license will be suspended or revoked and the length of time.