DMV HEARINGS – What You Need To Know
The DMV is not the criminal court. The DMV allows administrative proceedings that allow the state to restrict your license or to drive an automobile. You do not have a Constitutional right to drive. The state grants a privilege to drive.
Expressed Consent Hearings
If you submitted to a chemical test or refused a chemical test you have seven days to request a hearing. If you took a blood test, the seven days begin after the blood results are determined. You must act quickly to request a hearing or you will lose the opportunity.
The Reality Of An Expressed Consent Hearing
Because of the COVID-19 pandemic, most of these hearings are held either by video or telephone conference. If you requested the police officer to appear, which is usually your best option, I can appear and cross-examine the officer regarding his or her testimony. The odds are against a citizen at a DMV hearing.
If you lose your driver’s privileges at the DMV, in most situations, you can ask the DMV to allow a restricted license to continue to be able to drive. The primary restriction will require you to install an interlock device in your car. The interlock requires you to blow into the device to start your car. If the device registers the use of alcohol, the car won’t start and the DMV is notified that there is a violation.