Administrative Hearing

An administrative hearing provides professional, independent, and timely “due process” hearings on behalf of state and local government agencies.  One of the most common types of administrative hearing is the DMV (department of motor vehicles) hearing after one is charged with a DUI or DWI offense.  This administrative hearing is separate from the criminal trial which determines a defendant’s guilt or innocence for the DUI/DWI offense. 

The DMV administrative hearing only handles matters related to the suspension or revocation of one’s driving privileges.  These administrative hearings are conducted in addition to criminal proceedings in compliance with state and federal laws.  These laws entitle all defendants due process of law which, in this case, allows a defendant to know the actions the DMV intends to take against them and provides an opportunity to be heard. 

Every state conducts these DMV administrative hearings differently.  Generally speaking, the circumstances surrounding the arrest (not one’s guilt or innocence) will be evaluated in an administrative hearing.  The following questions may be relevant in this hearing: Did the officer have reasonable suspicion to believe the defendant was driving under the influence?  Did a chemical test indicate that the person’s BAC was above the legal limit? Did the defendant comply with chemical testing for drugs and alcohol?  The last question is relevant because many states enhance DMV penalties for DUI/DWI defendants who fail to comply with chemical testing. 

In most states, an individual is not required to have an administrative hearing, though it is a considered a legal privilege.  The administrative hearing does not take the place of the criminal case and typically is held before the trial.  Should the criminal court acquit the defendant of all the charges, the suspension or revocation of one’s license may be reversed.  If you are convicted of a DUI/DWI, but the court states that you are eligible for a restricted license, the DMV may provide this restriction when the proper requirements are met. 

If you or a loved one is facing a DMV administrative hearing to determine your loss of driving privileges after a DUI/DWI charge, you may wish to confer with a qualified criminal defense attorney who can evaluate your case to ensure that your legal interests are protected and maximized.  If you would like to learn more about an administrative hearing, please contact us to speak with a qualified and experienced attorney in your area.