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 important to understand that in a DUI DMV case, the hearing officer plays 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.
So, it takes a lot of work to win a DMV hearing. It is possible to win, but you have to have an angle. 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 have, 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 way to do it is to get a reasonable, reputable attorney. Hire them. Give them all the information. Let him get all the paperwork on your case, and then sit down and talk to them about it.
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 one that has control of your driver's license, so you have to play by their 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're going to need to get an SR22. You're going to need to show proof that you have insurance, and you're going to need to jump through a few other hoops to get your driver's license back. You want to make sure you do it before the time your license is to be given back to you so that at the time your appointment comes back, you're in the best position to get it and move forward powerfully.