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DMV Hearings: What You Must Know If you have been charged for a traffic rule violation or driving under the influence of alcohol or any other substance and a cop just told you that your driver’s license is going to be suspended, then there are some ways by which you can’t prevent this from happening. But what you need to do initially is consult to a lawyer who has much experience in DMV hearings. After the arrest, you must request for a DMV hearing not later than 10 days following such arrest and for this, you will have to work with a good attorney. Questions About DMV Hearings WHAT DIFFERS BETWEEN DMV HEARING AND A CONVICTION IN THE CRIMINAL COURT?
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In terms of driving privileges, the DMV has the jurisdiction. That said, it has the power to make decisions on whether a driver’s license is to be revoked, suspended, or not at all. And when you say DMV suspension or revocation, it merely refers to an administrative action that is taken against your driving privilege. On the other hand, a revocation of a driver’s license that follows after a conviction in court is a decision that comes along others like imprisonment, payment of fines, and criminal penalties.
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WHAT HAPPEN’S NEXT WHEN YOU’VE BEEN ARRESTED ON DUI GROUNDS If you have been arrested on DUI grounds, what comes next is that the officer who arrested you will be legally required to forward the driver’s licenses that has been confiscated together with the form for the notice of driver’s license revocation or suspension. These will be sent to the Department of Motor Vehicles together with a sworn report. The DMV, after receiving the documents, will then conduct an administrative review. The review will include an examination of the report of the arresting officer, the revocation or suspension order and the checking of the test results. HOW DO YOU GET BACK YOUR DRIVER’S LICENSE AFTER ITS CONFISCATION? During your arrest or even following your release from prison on DUI, you will likely be provided by the police officer with a notice of suspension of your driver’s license together with a temporary driver’s license that you can use. The suspension of your driver’s license can last up to 3 years. But this applicable only those who commit the third offense. This is when you withhold yourself from going through a chemical test at the time that you are arrested for driving while being drunk. When the revocation or suspension period ends, it is by then that you can take back your driver’s license. But since it will be reissued, you will have to settle a reissue fee. Aside from that, you are likely to be required to pay a file proof of financial responsibility.