A DMV hearing is a hearing conducted by your state’s department of motor vehicles to determine if your driver’s license should be suspended or revoked. It is very important to understand that a DMV hearing is different from a court hearing. A DMV hearing does not decide whether you are innocent or guilty of a DUI; it is to decide whether or not your driving privileges should be taken away from you.
If you get arrested for a DUI, you must schedule a DMV hearing within ten days of your arrest in order to save your license. In most states it is 10 days, but it differs. Above all, you have a short amount of time to contact the DMV. If you do not schedule a DMV hearing, you will lose your license even if your charges have been dropped or if you’ve been proven innocent.
When you contact your DMV to set up a hearing, they usually schedule a phone hearing. However, you do have a right to an in-person hearing with the DMV. A word of advice is to have you or your lawyer request an in-person hearing.
When an officer arrests you, they fill out a document called an “Officer’s Statement – Admin Per Se”. This document is used in the Administration Per Se (or APS), which is essentially the DMV hearing. The DMV will look at the officer’s statement and decide if you deserve to have your license taken away.
When you attend a DMV hearing, the hearing officer has the role of both of prosecutor and the judge. He or she will provide the evidence against you and make the decision of whether or not you can keep your license.
With a DMV hearing, in addition to your court hearing, dealing with a DUI arrest is a very daunting process. That is why it is integral to hire a DUI lawyer to help you navigate this system. If you need personalized help with your DUI, please don’t hesitate to contact us.
