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The Basics of a Driver Under Influence (DUI) Charges A driver under influence (DUI) charge can lead to the need for a driver’s license defense. Many consequences are as a result of such a charge. Fines, jail time among other penalties are required of the offenders. 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). One should urgently follow certain steps when they are charged with such and offense. The first step is to submit an appeal to the DMV for your DUI administrative license suspension (ALS) request for hearing. 7 days are the maximum time one can take before submitting a request. Your driving license will be protected if this step is taken. 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 suspensions are determined by the type of DUI charge. The justice system through the DMV will can add criminal penalties to the suspension. The one who was charged is not to be punished by the administrative suspension of their driving license. The main goal is to protect other drivers and pedestrians from such people who are a potential threat to their safety on the road. Requesting for a DUI hearing is good because it does not always mean that you are guilty. Some strategies of defending the case may be qualified or disqualified. The attorneys will be able to make a request for your DMV DUI ALS hearing and if it is accepted, it will be undertaken at the local DMV offices for administrative hearing.
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During the hearing a couple of factors are reviewed. 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 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. The DUI charge will determine the type of suspension.