Here’s What You Need to Know to Challenge Your Dui License Suspension With the DMV

A driver’s license is a necessity for many people in the US. Many of us need a license to drive to school, work, or take care of our loved ones. And that’s why most people panic whenever they are charged with a DUI offense. Sadly, many drivers have their driver’s licenses suspended every year because of a DUI charge. In such situations, having a a DWI lawyer can make a huge difference when challenging your DUI license suspension.

However, knowing how to handle a DUI license suspension dispute with the DMV can be difficult. So, here’s everything you need to know on how to challenge a DUI license suspension. But, before we can dive into it, let’s first find out when license suspension becomes a consequence.

Reasons for a DUI License Suspension

A DUI license suspension is a possibility for anyone charged with a DUI. However, the time for the suspension depends on the state and the nature of DUI arrest. For a first-time DUI offender, most states suspend the suspect’s license for at least one month. They also have to:

• Pay a DMV license fee
• File for Insurance proof
• Enroll in an alcohol class after the suspension has been lifted.

The DMV suspends your license for at least two years after losing your DMV hearing for second-time offenders. You are also not allowed to have a restricted license for the first 90 days meaning that you can’t drive yourself to work. Once the 90 days are over, you’re eligible for a restricted license, and this allows you to drive to work.

For the third time DUI offenders, the court and DMV can attempt to revoke your license for three years. You will also have to wait for six months before driving yourself to work using a restricted license. However, you can challenge the suspension of your license in DMV hearing by either:

• Hiring a lawyer
• Representing yourself

How to Challenge Your License Suspension with the DMV

It’s important to note that fighting a DUI license suspension is completely different from fighting a DUI charge. So, it’s essential to ensure that you follow each step of challenging the DMV suspension to the letter. Here are the necessary steps you should follow.

Start by contacting the DMV as soon as you get your suspension letter. Typically in most states, you’ll get the notice when the arresting officer takes your driver’s license. With a suspension letter, you can get a temporary license that’s only effective for 30 days. However, once the temporary license expires, your license suspension immediately takes effect.

Therefore, it’s essential to ensure you act fast. You only have about ten days to fight the license suspension. If the ten days lapse, you lose your window to contest the suspension. But if you do request a hearing on time, DMV will hear your license suspension case. Based on the facts your lawyer provides in the document, the DMV can make a final decision based on the evidence.

Once your DMV hearing is set, the next step is acquiring the necessary copies of the documents. Your attorney can obtain the necessary police reports. And, with these police reports, your lawyer can form a strong defense for your hearing. Using the facts your lawyer presents, the DMV can consider whether:

• The officer had probable cause
• Your detention was lawful
• You refused a BAC test
• Your BAC test results were within the legal limit
• The traffic stop was lawful

While the questions may be complicated, it’s important not to go to a DMV hearing unprepared. The proof the DMV officer requires to lift your suspension can be easily satisfied with crucial information. Also, your lawyer can provide evidence and testimony to challenge the information present. Having a DUI lawyer representing you during a DMV hearing is helpful, as they are familiar with the rules that govern DMV hearings. Your lawyer also has the skills to leverage the regulations and ensure they work in your favor.

If you win the DMV hearing, your license suspension will not take effect. But, if you lose the hearing, your suspension will still be in effect. This means that your privilege to drive will remain suspended, and you’ll have to use a restricted license until the suspension is lifted.

With the help of a lawyer, you can have the best possible outcome from your DMV hearing. You also have help gathering sufficient evidence for your case.