DMV Hearing Blog
What Is Involved in DMV Hearings?
People who are charged with DUI are not readily deprived of their driver's license or their vehicle if they have not undergone due process in the form of a DMV hearing, even if they are already schedule for a day in court for a DUI charge. What is involved in DMV hearings, which are really administrative proceedings, is to determine whether they will hand you the right to keep your driver's license or for the DMV to revoke it, whether you are guilty or not of DUI charges. There is a difference in the conduct of hearing between the DUI and DMV hearings in how it is governed and conducted for while DUI hearings will deal on whether you are guilt or not of the charges, the DMV hearings will check the circumstances that led to the charge and determine if your license will be suspended or be given back. This involves your behavior towards an arresting officer and your lawful due of a rightly conduct at the time that you have been arrested.
If there are different findings between the DUI and DMV hearings at this website, the DUI ruling will be followed in case of the acquittal. And if there are different rulings, the DMV will have to review and revise the suspension of your driver's license to make the ruling the same as the DUI acquittal.
However, if the DUI pronounces a guilty sentence on the arrested person, it will not be the same for the DMV. In this case, the DMV favourable result still stands, meaning that despite your guilt of a criminal act, the person can still retain his/her driver's license usually under a restricted license. Watch this video at https://www.youtube.com/watch?v=BMOK9lb5RlM for more details about DMV hearing.
After the guilty verdict, the convicted person will have a mandatory thirty day suspension after which he will be able to drive under restricted rules with his restricted license. This includes undergoing a DUI treatment program where filing a proof of financial responsibility is included and a reissuing fee to have your license back.
This restricted license ruling holds true for those with commercial licenses but were driving a non-commercial vehicle at the time of the incident. Simply put, retaining ones' driver's commercial license has nothing to do with driver's reckless act on this particular incident, therefore, the felon under the program can still be allowed to drive to, from, and during work, along to driving to and from DUI treatment program.
If after ten years a second DUI offense occurs, the driver can still acquire a restricted license after the mandatory submission of exactly the same proof of enrollment in a DUI treatment program at this homepage and other documents that has been mentioned above. In the second offense, an alcohol program will already be included.
You cannot apply for any type of restricted license for a third DUI offense.