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If you’ve been pulled over
and accused of a drunk driving offense, or more commonly
referred to as a DUI or DWI, then you probably have a lot
of questions. You are probably scared, confused, and a
little angry if you didn’t feel you deserved it.
Regardless of the
circumstances surrounding your incident you need to take
immediate action to protect yourself, your freedom, and
most importantly your driver’s license. You should
consult with an attorney who specializes in DUI defense
immediately. If you cannot afford to retain an attorney
then consider meeting with one during a free consultation
to get as much free help as possible. Here are some things
you should consider:
1. Contact DMV and request
a hearing within the specified amount of time (usually
between 7-10 days depending on the state) to try and save
your drivers license.
2. The time limit is
calculated from the issue date of the temporary driver
license or order of revocation which is usually the day of
your arrest.
3. If you are out of state,
or hold an out of state license that state's DMV will
still take action against your license.
4. This temporary driver
license (paper one the cop gave you) is valid for only a
few days from the issue date unless you request a DMV
hearing. If your DMV hearing is requested the motor
vehicles will "stay"" your suspension and
your temporary license will be extended until the hearing
is complete.
5. Don't get the DMV
hearing and the court appearance confused. The outcome of
one almost never affects the outcome of the other.
In the DMV hearing, the
hearing officer will decide on certain issues like whether
the police officer had a legal reason to stop you; whether
the police officer had a legal reason to arrest you; and
whether or not the blood, breath, or urine result/test is
reliable enough to suspend your license. This type of
hearing is considered administrative and not criminal so
if you expect to be represented you will need your own
lawyer.
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About
The Author
The
DUI Information Association, at http://www.duiprocess.com
provides legal information and resources
to those with DUI or DWI conviction
records. |
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