DUI or driving under the influence, in most states, has two main consequences. The first consequence is the suspension of driving license which is also known as “administrative driver’s license suspension�? and the other is being charged with serious criminal charges. The second consequence occurs when an individual is pulled over for driving under the influence of alcohol or drugs. The civil or administrative law is responsible for governing the initial driver’s license suspension and this is generally imposed and administered by the state department of motor vehicles. The criminal aspect, on the other hand, is governed by criminal laws and also dictates fees, fines, sentencing, penalties, probation and parole.
Suspension of driver’s license because of DUI:
Under the administrative license suspension laws for driving under the influence, an individual’s license will be taken away before the DUI conviction if the individual refuses or fails to take the sobriety test. It means that the individual will lose his/her driving license right on the spot and even before going to the court. In some of the states, one’s driving license may also be suspended on the spot during the DUI arrest. The license can be suspended on the spot regardless of whether or not the driver agrees to take the BAC (Blood alcohol content) test.
In states where this type of suspension is imposed before the court appearance, an administrative hearing is scheduled within a short time period after the DUI arrest. This hearing is generally scheduled within 5 to 10 days after the arrest. This hearing is not dependent on court hearings and cannot replace the arraignments of the other criminal processes. In some DUI cases, both criminal court as well as the department of motor vehicles may revoke and suspend one’s driver’s license at the same time.
It is important to know that the licensing hearing doesn’t address whether or not an individual has committed a criminal activity. However, in this hearing, decisions are made regarding the suspension or revoke of the driving license. This decision is made addressing different circumstances that surround the arrest, for example, whether or not the arrest was made on reasonable ground, or whether or not the officer had requested the individual to take a test and so on. Whether or not the individual was aware of the consequences of failing or refusing the tests, is also considered while making a decision regarding the suspension of driver’s license.
If you have been charged with DUI, you will have to get in touch with a DUI defense attorney as soon as possible. You may visit http://www.miami-criminal-lawyer.net/ for more information on the matter.