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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. There are a number of penalties that are the consequences of this charge. Fines, jail time among other penalties are required of the offenders. 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. Submitting an appeal request for hearing of your DUI administrative license suspension to the DMV is the first step. 7 days are the maximum time one can take before submitting a request. This step is to ensure that the driving license can still be of use later. The DUI criminal process does not include this. If the time limit to submit the request lapses and one has not submitted, the license is suspended automatically. The type of DUI charge will determine the suspension. 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 goal is to protect the other drivers and pedestrian from potential harm by these people. It does not mean you are guilty when you request for a DUI hearing which is normally good to do. Strategies for defending the case might be qualified or disqualified. Once a request for your DMV DUI ALS hearing is granted and scheduled it happens at the local DMV offices for administrative hearing.
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There are a number of factors that are reviewed during the hearing. They include, 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. Your attorney can use the fact 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 to defend you. This is an opportunity for your attorney to defend you and get the justice system to revoke the charges.
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DUI license suspension is subject to either be upheld or suspended after the hearing. An appeal can be made to the district court under unique circumstances if the defendant is not satisfied by the judgment. A suspension which is upheld will be subject to the DUI charge.