Should You Request A DMV Hearing After DUI Arrest

The advantage to requesting a hearing within 10 days of your arrest is that it immediately postpones the mandatory 30 day suspension of your drivers licnese until the hearing. If you win the hearing your privilege is re-instated. In most case the only way to win the hearing is if one of the tests that you took is below the .08 reading or for some reason the hearing officer believes that your detention was without probable cause. Most of the time you will not be successful. However if during that waiting period for the hearing your case is filed by the prosecutor and you have a case number that will allow your attorney to give you a court document with that case number on it and you can enroll in the first time alcohol program if this is a first offense. After 30 days in the program the program will notify DMV and they will issue a restricted license for 90 days that will allow you to drive to and from work and the program. As you can see this is a subtle way to beat the 30 day suspension and be within the confines of the law.