DMV Hearing
Should Ya’ or Shouldn’t Ya’?
Anyone arrested for driving under the influence and has their license
taken has 10 days to schedule a hearing with their local DMV office (via
telephone or in person) and fight to have their license returned.
Of course you must have a ‘reason’ why you think the DMV should
reinstate your license. Sometimes licenses are returned for the smallest
of ‘reasons’ (box X is not checked).
In 2003-04 only 14% of the drivers have their license returned after
having a hearing.
You can though, have your license suspension ‘STAYED’. This means that
when you schedule to have a hearing from the DMV, your license suspension
will be temporarily put on hold and you will be given full privilges (the
automatic license suspension that would have gone into effect after 30
days after your stop will NOT go into effect) until the hearing and then
the merits of your case will be heard.
What are the issues at the DMV hearing?
One issue that is NOT on the table are hardship licenses. The DMV does
not issue these licenses for APS actions. What is on the table is:
1. Were you driving the car?
2. Were you legally stopped?
3. Were you legally arrested?
4. Did you take a test and was it legally administered?
5. Were your results .08 or above?
If you have any questions about the above or feel that your rights or
the procedures were not followed or observed that you should schedule a
hearing (lawyers charge on an average $750 – $1000 for the hearing and
$750 – $1000 for the court ($1,500 – $2,000 total).
