When you’ve been arrested for driving under the influence (DUI), the criminal penalties are only half of the consequences you will face. In addition to fines and possible jail time, you also face the suspension or revocation of your driver’s license. You are entitled to a Motor Vehicle Administration (MVA) hearing to appeal any suspension of your license.
Scheduling an MVA Hearing
An individual who is arrested for DUI surrenders their license and is given a temporary license. You then have ten days to request an MVA hearing if you want your temporary license extended to the date of the hearing. The absolute deadline for requesting an MVA hearing is thirty days from the date of the incident.
Preparing for your Hearing
The consequences of an MVA hearing are serious, and therefore you should hire an attorney to assist you if you can. It is important to have someone who has experience with the system to help you through the process.
All hearings are held in front of the Office of Administrative Hearings (OAH) and are usually scheduled between four to six weeks from the date of the hearing request. You should receive notice in the mail of the date, time and location of the hearing. An Administrative Law Judge conducts the hearing in their office.
Unlike in a criminal proceeding, there is no prosecutor or police officer present at the MVA. The Administrative Law Judge will present the case for suspension of the MVA, which is usually done through paperwork. Then you and/or your attorney will have the opportunity to present your case. You will be able to present the testimony of any witnesses on your behalf. Then you or your attorney will contest the evidence presented by the MVA and make an argument explaining why you should not have your driver’s license suspended or revoked. The judge then makes a determination.
If the judge decides to suspend the driver’s license, the attorney will usually then request a modified or restricted driver’s license. A modified license will allow you to drive your car to work and school. Restricted or modified licenses are not available if your breath alcohol content was .15 or more at the time of your arrest.
Contact an Experienced DUI Attorney
The consequences of an MVA hearing are serious, and it’s important to have an experienced DUI attorney on your side. Contact us at Alpert Schreyer, LLC or call us at 866-444-6363 to schedule a free consultation.