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What Happens at a DMV Hearing for DUI?


When you are arrested for DUI, you must fight to protect your driving privileges at a DMV hearing. Also known as an Express Consent Hearing, you must request this hearing within seven days of your arrest to protect your driver’s license. If you don’t, the DMV automatically suspends your license.

Although the DMV hearing is triggered by your arrest, the hearing itself is not a criminal matter. The DMV’s hearing takes place in an administrative courtroom, where you can have sanctions placed against your driving privileges, but you won’t be found “guilty” of anything related to your main DUI criminal charges.

That means whether the DMV decides to keep your driving privileges intact won’t have any impact on the outcome of your criminal charges, which can be good news if you ultimately suffer a license suspension or revocation.

How Does the Express Consent Hearing Work?

It’s important to keep in mind that administrative legal procedure is much different from criminal legal procedure, so you might be caught off guard by how this process works. With experienced legal guidance from a capable attorney, however, you can feel more confident about the overall process.

A few key things to expect include the following:

  • The police officer who arrested you will testify first
  • You are not required to testify
  • The Hearing Officer reviews the evidence (which you can also present)
  • The Hearing Officer can ask questions about the evidence
  • Witnesses can testify on your behalf

At the conclusion of this hearing, the DMV’s Hearing Officer will render a decision regarding your driving privileges. Keep in mind that it’s not uncommon for a suspension to occur even if someone is ultimately acquitted of their DUI charges or has them dismissed by the criminal court.

Contact Orr Law Firm for Help

Orr Law Firm can provide the legal support you need to protect your driving privileges at the onset of your DUI legal situation. Contact us for help within seven days of your arrest, and we can quickly respond to render the legal service you need at your DMV hearing.

For more information or to schedule a free consultation, contact Orr Law Firm online now.