The truth about the DMV and your license is that the process is a bit of a kangaroo court, and I say that because it's a DMV hearing officer deciding whether or not to suspend your license.
It's essential to recognize that in a DUI DMV case, the hearing officer serves in a dual role. They act as both the prosecuting attorney and the judge and jury. This unique setup can make it challenging to object to their evidence, as they have the authority to rule on objections as both the judge and the prosecutor.
Therefore, it requires considerable effort to win a DMV hearing. It is possible to win, but you must have an edge. In other words, the three key things the DMV is trying to prove are whether or not there was a legal stop, where the police legally came in contact with you, and whether or not it was a lawful arrest.
In other words, did they have probable cause to arrest you based on the information they had, the field sobriety test, your driving, your look, what you said, and finally, was your blood alcohol level .08 or greater? Another way to get around that is if you refuse to take the tests. That would be good enough, and that would be grounds for them to suspend your license.
When facing the DMV, your primary goal should be to minimize the impact on your driver's license. To achieve this, it's crucial to enlist the help of an attorney who has experience dealing with the DMV. A knowledgeable attorney can guide you on how to challenge the DMV's decision and minimize the potential damage to your license.
Retain an Experienced Lawyer
So, make sure to let salespeople fool you over the phone, talk to you, and tell you a bunch of stuff when they don't even know one thing about your case. The best approach is to hire a reputable attorney. Hire them. Give them all the information. Let him review all the paperwork on your case, and then sit down and discuss it with them.
Then, they'll have all the pieces to the puzzle related to your DUI DMV case, and they can adequately advise you as to exactly what your chances are and what you need to do to have the absolute best chance at success as it relates to your DMV DUI case.
Remember, it's not the court that is suspending licenses. The court deals with your criminal record as far as a DUI goes. The DMV is the entity that controls your driver's license, so you must comply with its rules.
If the DMV suspends your license, the responsibility of getting it back falls on you. Your attorney can guide you through this process, which typically involves a hearing and fulfilling certain requirements. It's important to understand that the DMV, not the court, has control over your driver's license, so you must adhere to their rules.
Patience and Preparation are Key
SR-22 Insurance
You will need to obtain an SR22. You will need to provide proof of insurance and complete a few additional steps to obtain your driver's license back. You want to ensure that you do it before the time your license is due to be returned to you, so that when your appointment is scheduled, you're in the best position to obtain it and move forward powerfully.
