When arrested in Pennsylvania for DUI, the arrest triggers two separate legal proceedings. The first is in the Pennsylvania criminal courts; and the second is with the Pennsylvania Department of Motor Vehicles (DMV). Both proceedings are governed by their own set of laws, rules and regulations, which requires the skill of an experienced DUI defense attorney.
The piece of paper you were given when you were arrested for DUI grants you provisional driving privileges for 30 days. This provisional license will also inform you that your license will be automatically suspended if you are not successful in appealing your case with the DMV. Because of the short deadline to schedule the hearing (within 10 days of your arrest), the first priority in defending a DUI charge is to schedule the DMV hearing to appeal the automatic suspension of your driver’s license. If you fail to schedule this hearing, or are unsuccessful in your appeal, your driver’s license will automatically be suspended pending the outcome of your case.
What Happens at the DMV Hearing?
When your DMV hearing is scheduled, you will have to provide some basic information like your name, driver’s license number, the date of your suspension notice, and whether you refused to submit to a blood alcohol test. One of the main benefits of scheduling a DMV hearing is that it gives you (and your attorney) the ability to request and review any evidence the state has against you, including a copy of the police report. This evidence not only helps you prepare for your DMV hearing, but also gives you a better understanding of the state’s case against you. Even though you may ultimately be unsuccessful in your DMV hearing, getting the evidence earlier than you would otherwise is very helpful in preparing for and mounting the best possible defense against your criminal charges.
Can I Handle the DMV Hearing Myself?
While you can schedule and attend a DMV hearing yourself, the process and hearing can be too overwhelming and complicated to try to handle on your own. Many attorneys who do not specialize in DUI defense are not even familiar with the process. With so much at stake, it’s important you have a knowledgeable DUI attorney representing you throughout your case, including the DMV hearing.
Don’t Wait Until It’s Too Late
If you or someone you love has been arrested or charged with driving under the influence in the state of Pennsylvania, it’s important that you act quickly. You can lose your right to appeal the automatic suspension of your driver’s license in as little as 10 days following your arrest. The Law Offices of Steven E. Kellis is equipped to aggressively defend your DUI charge. Contact me today to schedule a free consultation. You can reach me 24 hours a day by filling out the contact form right here on the website, or by calling the number listed. Don’t delay! Your initial consultation is free and there is no obligation to retain our services.