Curious about what happens at the DUI DMV hearing after your DUI arrest?
Driving under the influence is considered a serious offense in all states. When someone is arrested and charged with the offense, they are not likely to get off lightly. There are increased chances of getting a conviction, the suspension of a license, or a hefty fine. Should the person be arrested with a DUI, the case does not always have to go to a courtroom. It is possible for the process to be handled through an administrative hearing. Due to the severity of the charges, it is a good idea for the motorist to seek legal representation from an experienced Alabama DUI attorney.
Under the Alabama laws, the motorist who has been charged is required to make a formal request for an administrative hearing within 10 days of their arrest. If they do not do so, their driving license is automatically suspended about 45 days later. Should they make the request, their driving license is not suspended until the administrative hearing takes place. This type of hearing is common when one is charged under the authority of a government agency such as the Alabama Department of Public Safety. It is similar to a court of law although it is less formal and is a good way of resolving the matter.
What does an DMV DUI Hearing entail?
When the case comes up, it is brought before an administrative law judge who presides over the administrative hearing. The idea behind the administrative hearing is to listen to the facts of the case and come up with a resolution. A motorist may either be charged with an ”under the influence” charge or may be charged with an alcohol related DUI offense. On the ”under the influence” charge, the administrative hearing is meant to determine whether the motorist was in full control or whether he/she was a danger to other motorists and pedestrians. Here, the prosecutor needs to prove that the motorist was a danger to other road users.
How the Prosecutor will Scientifically Prove that You are Guilty
Under the alcohol-related DUI charge, the prosecutor has to prove that the motorist was drunk by presenting breathalyzer test results. The prosecutor will also have to use other scientific evidence to prove that the motorist had exceeded the legally allowed amount of alcohol. Results of a blood sample may also be needed. During the administrative hearing, the motorist has a right to be represented. The trial is conducted just like any other court case except that there is no jury. It is for this reason that a motorist needs to hire a good defense lawyer. Once the process is concluded, the outcome of the administrative hearing is announced by the judge. The motorist may accept the verdict or file an appeal if they feel the verdict was unfair.
Alabama DUI License Suspension and Revocation