Many states have an administrative process in place to address the driver’s license issues that arise after a DUI / DWI arrest. If the state where the arrest took place has such an administrative process, it is separate from the court case that stems from a drinking and driving arrest. Motorists arrested for drunk driving or driving under the influence of drugs (DUID) sometimes are unaware of the relationship between the arrest, the Department of Motor Vehicles, and their drivers’ licenses.

Any driver unclear about whether his or her state has a separate administrative process through the Department of Motor Vehicles or other regulatory agency should consult with an experienced DUI / DWI defense attorney from www.NotDrunk.com.

A skilled drunk driving attorney can assist with both cases, but the administrative DMV case is far more time-sensitive. A driver facing a DUI / DWI charge typically has a limited number of days to request a DMV hearing or risk automatic license suspension. Even drivers licensed in another state may see their licenses suspended through the Interstate Driver’s License Compact.

Department of Motor Vehicles hearings are known as administrative per se (APS) actions in many states. The issues involved in a DMV hearing depend on whether the driver took a chemical test to determine blood alcohol content (BAC), or refused the test.

If the driver agreed to take a chemical test, there are typically three issues at stake – whether the arrest was lawful, whether police had a reasonable belief that the driver was under the influence, and whether the driver had a BAC of .08 percent or greater. If these three facts are found to be true, the license will most likely be suspended.

If the driver refused to take a chemical test, it may be important to determine whether the driver was told about the consequences of the refusal, and whether he or she continued to refuse after being advised of the repercussions. Some refusals can be excused. If the driver loses his or her DMV hearing, the license suspension will be substantially longer than for a driver who agreed to take a chemical test.

The administrative hearing officer typically bases his or her decision on police and chemical test reports, and the hearing is extremely technical in nature. However, the evidence introduced at a DMV hearing is considered hearsay, which is generally inadmissible. This is why it’s important to be represented by a lawyer who is knowledgeable about the DMV hearing process. A skilled attorney will challenge hearsay evidence, and if the evidence cannot be legally introduced, the DMV cannot suspend the driver’s license.

The Department of Motor Vehicles focuses on the administrative aspects of a drunk driving arrest – the power to revoke, suspend, or restrict a driver’s license. The DMV’s action is civil, not criminal, so the driver has far fewer constitutional protections.

In many states, the DMV hearing process is unusual because the prosecutor and the judge are the same person, meaning the individual seeking to introduce evidence is the same person who will decide upon it. In nearly every state, the hearing officer isn’t even a judge or an attorney – it’s a DMV employee.

The license suspensions imposed by the DMV against a driver who loses his or her hearing can be severe. The length of suspension for a driver who loses his or hearing varies from state to state, but prior convictions and chemical test refusals can substantially increase the duration of the suspension. Many states have provisions in place that allow some drivers to obtain a restricted license that allows them to drive to work and other essential travel destinations.