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The Basics of a Driver Under Influence (DUI) Charges A DUI charge will result to the need for a driver license defense. Many consequences are as a result of such a charge. 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. This action is implemented by the Driver motor vehicle (DMV). When charged there are steps one should immediately take. 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 to ensure that the driving license can still be of use later. This is not a part of the DUI criminal process. The license is automatically suspended if one does no submit a request within the 7 days. 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 purpose of Administrative suspension of the driving license is not punish the defendant. 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 does not mean you are guilty when you request for a DUI hearing which is normally good to do. Some strategies of defending the case may 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. 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. Your attorney can take this chance for 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. When the suspension is upheld they vary according to the DUI charge.