Below we answer commonly asked questions regarding DMV APS hearings. We explain the process, likely outcomes, what happens when you lose your DMV hearing, and how to avoid a prolonged period of being unable to drive. We also provide a simple 4-step guide to help you reinstate your driving privileges after receiving a pending license suspension from the DMV. Keep reading to find out more.
I. What is a DMV Hearing?
A DMV hearing is held following a DUI arrest. A DMV hearing is entirely separate from your criminal court case and will NOT address whether you are guilty of a criminal act, rather this is the chance for your attorney to explain the circumstances of your arrest and hopefully prevent the suspension of your driver’s license. We only have 10 days to request a hearing or the hearing is deemed a loss by default and your license WILL BE SUSPENDED!
II. Will I Lose My DMV Hearing?
Our goal is always to win your DMV hearing, but the fact is that most DMV hearings are losses due to the rigid parameters set by the DMV. However, it’s always a good idea to have a DMV hearing even though the majority result in a loss. This is because some hearings do result in a win and even the hearings that result in a loss can be useful for obtaining evidence by subpoena or through testimony that can be useful later to fight your case in court.
III. Will My License Be Suspended?
If you lose your DMV hearing, yes, your license will be suspended. However, the length of time that you cannot legally drive is entirely up to you. If you lose your DMV hearing, you will receive a notification in the mail regarding your pending license suspension, however if you’ve completed all the requirements prior to getting this notification in the mail, you can go to the DMV the day your suspension begins and have your license reinstated that very same day.
IV. What Do I Need to Do So I Can Continue Driving?
Before you get a notification from the DMV, get ahead of the game and get your ducks in a row! Follow our simple 4-step guide so you can get your driving privileges reinstated as soon as possible!
Please note that these guidelines apply to MOST 1st time DUI cases and the rules/requirements will be different if you have prior convictions, you were involved in an accident, you were under 21, or if you refused the chemical test. Every case is unique and if you have questions about your specific situation, give us a call today!
Our easy 4-step guide to get you back on the road!
The best way you can avoid losing your driving privileges for a prolonged period of time is to be proactive! Before receiving a notification from the DMV informing you of your pending license suspension, complete the requirements outlined in our guide. Once you’ve completed these steps, you can get your driving privileges reinstated the very same day your suspension begins!
Download our guide!
We have made our guide a downloadable pdf for your convenience! The first page answers the 4 most commonly asked questions we get regarding DMV APS hearings and the second page clearly outlines the 4 steps you should take to reinstate your driving privileges. We have added checkboxes for you to check off as you complete each step. Simply go to our website, enter your name and email and the guide will be sent to your inbox. Print it out and start checking things off!