Being arrested for drunk driving is a serious offense that can have different consequences for each individual depending upon the particulars of the case. It is imperative that anyone facing such a charge understand what challenges they will encounter. Seeking the legal advice of a competent and experienced attorney will help you understand all of your rights and options.
Under the state law, once you have been cited for violating the DUI or DWI statute, the state initiates two simultaneous, yet separate legal actions against you. The Criminal Action is in response to the ticket that was issued to you, while the Administrative Action is brought against your driver’s license. While both actions can result in the suspension of your driving privileges, it is important to remember that there may be additional penalties to consider and each action must be handled separately.
In order to preserve your right to an Administrative Hearing, it is crucial that you submit your request within the appropriate number of days. Failure to do so will result in the automatic suspension of your driving privileges. This number varies from state to state but is often 10 or 15 days. Once the arresting officer retains your state issued driver’s license, you are issued a “Notice of Suspension/Revocation of Your Driving Privileges” form. This form will serve as your driver’s license in lieu of the one retained by the officer until your Administrative Hearing. Once the state receives your request for a hearing, they will notify you as to the date and time of your Administrative Hearing.
DUI/DWI laws can be confusing and complicated, and you may not be aware of the potential defenses available to your case. An experienced and competent attorney can fight for your rights and guide you through this emotionally challenging process. Please contact a lawyer for an immediate, free consultation.
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