When you are fighting a DUI charge or traffic ticket, you risk losing your driver’s license. You might initially consider this a minor penalty, compared with some of the more serious penalties associated with a DUI or driving charge, such as high fines or jail time, but losing your driver’s license can also cause you major problems.
Consequences of a driver’s license suspension
Most of us need our driver’s license to get to and from work, and without it, we risk losing our jobs. If your job involves driving for a living, losing a driver’s license can prevent you from finding another job in your line of work.
In addition to the potential job loss, you may need a driver’s license to transport your children or other family members around. Perhaps you are now realizing that losing your driving privileges could complicate your life more than you previously imagined.
You have the right to request a hearing with the Department of Licensing to fight the suspension of your driver’s license. This right applies whether the suspension is due to a DUI or other traffic offense.
Pay attention to deadlines
There are deadlines associated with applying for a hearing, so it is important to request your hearing within the deadline or you waive your right to fight the suspension.
After you request a hearing, you will receive a notice with your hearing date and time. Hearings are typically held by telephone and are recorded.
What happens at the hearing?
However, they largely follow the same procedures as in-person hearings, with testimony given under oath and the presentation of evidence.
At the hearing, you can give testimony, have witnesses testify on your behalf and submit any other evidence that you feel will help you receive a decision in your favor.
The importance of organization
Organization is essential when preparing for your hearing. You want to make it as easy as possible for the hearing examiner and not confuse or overwhelm them with sloppy documentation.
Your testimony should be clear and concise. Do not ramble or insert irrelevant information into your testimony, which may frustrate the hearing examiner.
Remember that you must prove your case and argue as to why your driver’s license should not be suspended or revoked. The hearing examiner will not guide you or help you through putting on your case.
Proving your case
Your documents or evidence must reflect why the driver’s license suspension is legally invalid. For example, if you are fighting a suspension after a DUI arrest, evidence that you were not read your Miranda rights could be used to argue against the driver’s license revocation, as well as the DUI charge itself.
Although you might be tempted to explain to the hearing examiner all the problems that not having a driver’s license will cause you, this type of testimony is typically not helpful. You must have legally valid grounds to argue against the driver’s license revocation.
What to expect after the hearing
The hearing examiner does not usually make a decision immediately at the conclusion of the hearing, so prepare yourself for the fact that you will likely not have an answer that day. You will be mailed a decision, which could take up to 6 weeks.
Every case involves different and unique facts and circumstances. Having your case reviewed by a professional can help you learn if you have grounds to challenge a driver’s license revocation.