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The Basics of a Driver Under Influence (DUI) Charges A driver license defense will be required when a driver is charged with a DUI. This charge is accompanied by a number of consequences. The penalties ordered are Jail time and fines among other penalties. When someone is caught with a drunk driving offense, they are subject to an automatic administration suspension of their driving license. The DMV are the ones who administer the suspensions. 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 vital as it will secure your privilege to own a driving license. This is not a part of the DUI criminal process. If one does not submit a request within this time limit, the results will be an automatic suspension. The suspensions are determined by the type of DUI charge. The suspension can be added on other criminal penalties from the justice system through the DMV. The one who was charged is not to be punished by the administrative suspension of their driving license. 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. It might qualify or disqualify some strategies for defending the case. 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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During the hearing a couple of factors are reviewed. 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. The attorney can take this chance to ensure he convinces the justice system to drop 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. A suspension which is upheld will be subject to the DUI charge.