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Understanding Driver License Defense A DUI charge will result to the need for a driver license defense. This charge is accompanied by a number of consequences. The penalties ordered are Jail time and fines among other penalties. A drunk driving offense can cause an automatic suspension of the driver’s license. This action is implemented by the Driver motor vehicle (DMV). When you are charged there are a couple of steps you need to follow through without hesitation. The first step is to submit an appeal to the DMV for your DUI administrative license suspension (ALS) request for hearing. From the day you got charged, one is only allowed a maximum of seven days to submit such a request. This step is to ensure that the driving license can still be of use later. This is not a part of the DUI criminal process. The license is automatically suspended if one does no submit a request within the 7 days. The type of DUI charge will determine the suspension. The justice system through the DMV will can add criminal penalties to the suspension. The purpose of Administrative suspension of the driving license is not punish the defendant. The main goal is to protect other drivers and pedestrians from such people who are a potential threat to their safety on the road. It is therefore not disadvantageous to request for a DUI hearing because it does not entirely mean that you are guilty. Some strategies of defending the case may be qualified or disqualified. When your defense attorney gets to request for your DMV DUI ALS hearing and it is granted for a particular day and time, it will happen at your local DMV offices for administrative hearing.
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A review of a number of factors is carried out during the hearing. If the licensee did not agree to a chemical test, if the licensee alcohol content in his blood or breath was beyond the .08 limit at time of the test and if the officer who arrested was reasonable to demand an evidentiary BAC test are the factors being reviewed. This factors for review are, if the licensee did not agree to a chemical test, if the licensee alcohol content in his blood or breath was beyond the .08 limit at time of the test and if the officer who arrested was reasonable to demand an evidentiary BAC test It is in the capacity of your attorney to argue that the evidence presented is not valid or the arresting officer went against your human rights or there were no realistic reasons for the charge. This is an opportunity for your attorney to defend you and get the justice system to revoke the charges.
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Once the hearing is complete the DUI license suspension is subject to either be upheld or suspended. If the results of the hearing are not satisfactory to the defendant and the lawyer, they can appeal to the district court under special circumstances. When the suspension is upheld they vary according to the DUI charge.