If you are charged with a DUI, you will have to make an appearance at a court hearing. Also, you have to appear at a DMV hearing. These are separate hearings concerning different aspects of your DUI case. However, you should attend both the court hearing and the DMV hearing. Your absence will only be detrimental to your case. This page will outline the differences between a court hearing and a DMV hearing.
When you are charged with a DUI, you will be given a date to appear in court. This court hearing will determine if you are guilty or innocent of your DUI charge. The court hearing deals with the criminal proceedings of your case. In court, you will be able to present the facts you have collected concerning your case and attempt to build a defense against the charges. You will be deemed guilty or not guilty in court, and the court will give out certain punishments. These punishments include fines and potential jail time.
The DMV hearing is a separate hearing to determine if your license should be suspended, and for how long. This is merely an administrative proceeding concerning your driving privileges only. The results of your blood alcohol content (BAC) test or urine test will be discussed in this hearing. If you refused a BAC or urine test, this will also be discussed. You will have to explain why you refused to take the tests. You also have to explain if you were placed under arrest as a result. Based on this hearing, the DMV will decide if your license should be suspended and for how long.
The DMV hearing deals with the circumstances of your arrest, while a court hearing will decide if you are guilty or not guilty. For this reason, the DMV hearing is not required, while a court hearing is. You are not obligated to have a DMV hearing, however, it will help your case if you go and present it to the DMV. This would be a positive step that you could take to ensure that you appear responsible to those determining if you will be able to keep your license or not.
Handling Your Hearings
Court hearings and DMV hearings are independent of one another. In some cases, you can receive a verdict of not guilty in court, but still deal with a suspension from the DMV. This is due to the fact that the DMV launches its own investigation into your case. While a verdict of not guilty in a court hearing can help you in a DMV hearing, it will not necessarily mean that the DMV will let you keep your license.
Although it is stressful to deal with two separate hearings for your DUI, it is in your best interest to schedule and attend both hearings. This could help reduce your penalty if you are found guilty. Hiring a DUI lawyer can also help you with your case. DUI lawyers are experienced in cases similar to yours, which means that they know how to approach court hearings and can help you get acquitted. Consider contacting an attorney if you want to discuss your DMV or court hearing.