What is an Administrative Suspension Hearing in a DUI Case?
Being arrested for driving under the influence is a terrifying moment for anyone, and it only gets worse when you’re taken into custody. Unless you already work in an industry within the law or you’ve been arrested before, chances are good you have very little familiarity with the law. What happens when you’re taken into custody is overwhelming, and the fear of what happens next overtakes many people accused of DUI. Depending on the state in which you live, the laws vary. Some states immediately suspend your license following the arrest for a DUI, and there is no arguing this case. If your blood alcohol level comes back over the legal limit, your driving privileges are immediately revoked. If you choose to fight this suspension, you can request an administrative license suspension hearing, which you’ll want to know more about.
What is an Administrative Suspension Hearing?
When your license is suspended following a DUI arrest, you can send a letting to the Department of Driver Services in your state. This letter can explain what happened, why you would like to challenge the suspension of your license, and any proof or evidence pertaining to this request. You must write and send this letter within so many days of you arrest and the suspension of your license depending on the laws in the state where you reside.
The letter is all it takes to stop your suspension for the time being. You are free to continue driving while you wait for an Administrative hearing in front of an Administrative Law Judge. The law varies by state, but this hearing is typically scheduled anywhere from 30 to 60 days following the request you send. This allows your attorney the time he or she needs to find the evidence to support keeping your license without suspension. It also provides time for you to get the facts straight regarding your DUI arrests.
Your attorney works to negotiate a settlement term with the arresting officer that might allow you to keep your license even when your criminal case it taken to court and a punishment is issued for your DUI. The arresting officer will sign documents stating that the agreement is one he or she is willing to accept, and your license might remain intact following the hearing.
The reason it’s imperative to consider an Administrative license suspension hearing to keep your license active is to allow you to drive. You might not realize just how long a case like this could take. It’s not a priority to any judge, which means it might be pushed back regularly until the judge has a clear schedule to hear your case. If your license is suspended, it could take months to have it reinstated if this occurs. You most likely have a job, kids, and other obligations in your life that require you have a license. It’s time to keep your license so you can commit to these things.
There could be numerous provisions issued on your license suspension. An arresting officer might agree to forgo the request to fully remove your license suspension to allow only certain types of driving. He or she might sign paperwork agreeing to allow you to keep your license so you can drive to work, drive your kids to school, and drive in an emergency situation. You will not be permitted to drive for fun, to take a trip, to run errands, or do anything else not related to the provisions on this request.
You won’t know what might be open to you if you don’t sign this letter and mail it to the appropriate government agency in the allotted time frame. You have very little time to handle this accordingly, which is why contacting an attorney right away is your best course of action. As soon as you are arrested for a DUI, call our offices to discuss your case with a licensed attorney well-versed in the area of DUI law. Say nothing until we arrive to guide you through the arrest process, and we will immediately begin working on your case. Our job is to help you to the best of our ability.