When you were arrested for Driving While Intoxicated, there is a good chance the arresting officer took your driver’s license from you. There are some important steps that you need to take to protect your rights and avoid your license being revoked. Below are some answers to some frequently asked questions that people have:
10 day Rule.—You only have 10 days to request a hearing to MVD from the date of arrest. If you do not make this request in writing within the 10 day period, then your license will automatically be revoked.
Length of Revocation.—For a DWI 1st offense, MVD can revoke your license for a period of 6 months. If the charge is aggravated, then the revocation can be up to 1 year.
What to do?—The first thing that we will do is request the hearing for you. We will simply fill out the form with you and send it into the MVD office ensuring that it is filled out properly and request the officer that arrested you be present for the hearing.
The MVD Hearing.—The Hearing must be conducted within 90 days of your arrest. If the hearing is not heard before the 90 days, then it must be rescinded (your license will not be revoked by MVD.)
The Hearing is conducted by a licensed attorney for the state called a Hearing Officer. S/he will conduct all aspects of the hearing and ask questions of the officers to determine whether to sustain or rescind your license.
The hearing is considered an administrative hearing so the Rules of Evidence do not necessarily apply. The burden of proof for this hearing is Preponderance of the Evidence (which simply means “majority.”)
You are not required to attend the hearing. We will appear and argue on your behalf. You of course have the opportunity to testify at the hearing, but you must remember any testimony that you give at the hearing is under oath and may be used against you at a later date.