Many people do not realize that when they are charged with driving under the influence (DUI), they have two cases pending against them. There is the criminal case, in which their guilt or innocence of the crime of driving under the influence is determined by a criminal court, and then there is the DMV hearing, which deals solely with the restoration or suspension of the driver's license. Many lawyers will tell you that the DMV hearing is a waste of time because it is unwinnable.
While succeeding in the DMV hearing can be difficult, our firm has won several such cases and saved our clients from having a license suspension. You should always hire a criminal defense lawyer who has hope for the DMV hearing and is willing to put in the work to have your license restored, even if the odds are against that attorney. Our firm does not back down from a challenge. Contact us today to learn more. Based in Waterbury, we serve in Torrington, Danbury and throughout the region.
What Is A DMV Hearing For?
As previously stated, the DMV hearing will determine if your license is suspended or not when you are charged with a DUI. As soon as you are arrested for a DUI, the police department notifies the Department of Motor Vehicles, as this department is responsible for suspending and restoring your license. Upon learning about your DUI, the DMV will contact you and schedule a hearing to discuss your license with you. You should always show up for the DMV hearing! If you don't attend, your license will automatically be suspended. There is nothing to lose and everything to gain by attending your DMV hearing.
The DMV hearing can be tricky because it is independent of your criminal case. This means that even if you are found not guilty of driving under the influence, the DMV still has the power to suspend your license. You can therefore be innocent of a DUI and still have your license suspended for driving recklessly. You need to prove at your DMV hearing that you did not endanger yourself or anyone else when you got behind the wheel on the night of your arrest. You can do this by providing the following factors as evidence:
- A not guilty verdict from the criminal court
- Proof that your blood alcohol content (BAC) level was under .08 (the legal limit)
- Proof that no accidents occurred, and there was no damage to any property
- Proof that no one sustained an injury as a result of your actions
Other forms of proof can be used at the DMV hearing. At Cummings Law Firm, we can provide this proof for you.
Never give up on your DMV hearing! Even though many DMV hearings result in the suspension of a license, not all do. By taking the time to build a defense against the license suspension, showing up at the hearing and making your case, you can attempt to save your license, which will make your life much easier.
Talk To Us Today About Your Options
At Cummings Law Firm, we are happy to help you with your DMV hearing. We always attend these hearings for our clients and provide as much information as possible to try to reverse a license suspension. To discuss your DMV hearing with a lawyer today, please contact our office online or call us at 203-754-7779.