The Police stopped the Defendant for a possible DUI. The Defendant admitted to drinking beer, failed roadside sobriety testing and was arrested. The Defendant’s license was immediately suspended because of the DUI charge.
Formal Administrative Review Hearing with the Department of Highway Safety and Motor Vehicles
An individual charged with a DUI can request a Formal Administrative Review Hearing with the Department of Highway Safety and Motor Vehicles up to 10 calendar days after being arrested for a DUI. This procedure is the only way that an offender can contest the suspension of their driver’s license. If you do not contest this, the suspension will remain on your record for 75 years, even after the suspension has expired.
At a formal administrative review hearing, a license suspension could be invalidated. Reasons for this include:
- Conflicting evidence
- Invalid stopping of the vehicle
- The arresting officer fails to appear at the hearing
- No valid breath test
- The breath test operator fails to appear at the hearing
- No physical control
- Missing or illegal documents
- The driver did not refuse
- No DUI packet was received by the BAR before the hearing
Length of License Suspension
The length of a driver’s license suspension will depend on the circumstances of the case. If the DUI was the offender’s first, and he or she blew .08 or higher, the length of suspension will be 6 months. A second DUI charge with a .08 or higher testing will result in a 12-month suspension. If a breath, urine, or blood test is refused, a license suspension of 12 months will be given for a 1st offense, and 18 months will be given for the 2nd offense of DUI.
Obtaining Musca Law
If you have been charged with a DUI, you need to seek legal representation immediately. It is imperative that your lawyer requests a formal administrative review hearing to have your license reinstated if possible. You only have 10 calendar days, not business days. This means Saturdays, Sundays, and even holidays will count towards this number.
Call Musca Law today for a free consultation. Our firm has over 150 years of combined experience with all of our attorneys. We are ready to fight for you. We will fill out and submit all necessary paperwork and all the hard work will be left to us. Our office can be reached 24 hours per day, so do not delay in contacting us if you need our services for a DUI charge. We look forward to hearing from you.
RESULT: The Defendant retained Musca Law to defend him against the license suspension. The Attorney filed documents requesting a Formal Administrative Review Hearing with the Department of Highway Safety and Motor Vehicles on the Client’s behalf. The Attorney successfully argued to the Hearing Officer that the State failed to meet the required burden of proof to suspend the Client’s driver’s license. The Department agreed with the Defense and the Client’s driver’s license was REINSTATED!